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i 



INDUSlffAL ARBITRATION 
AND CONCILIATION 



SOME CHAPTERS FROM THE INDUSTRIAL HISTORY 
OF THE PAST THIRTY YEARS 



COMPILED BY 

JOSEPHINE SHAW LOWELL 






..V .0 



%F.P 26 1893 J 
G. P. PUTNAM'S SONS ^ 

NEW YORK LONDON 

27 WEST TWENTY-THIRD STREET 24 BEDFORD STREET, STRAND 

®^t llnicktrbocktr 3|rtss 
1893 



K. 






COPYRIGHT, 1893 
BY 

JOSEPHINE SHAW LOWELL 



Electrotyped, Printed and Bound by 

Ube Tknicerbocfter (press, IHew ^ovh 

G. P. Putnam's Sons 



CONTENTS. 



PAGE 

Preface v 

CHAPTER 

I. — Trades-Unions as Affected by Law, i8oo-i8go . . i 

II. — The Industrial Situation, 1876. By Henry Crompton, ii 

III. — Arbitration in England, 1860-1876. By Henry 

Crompton 16 

IV. — Conciliation in England, 1860-1876. By Henry 

Crompton 20 

V. — Conciliation in England (Continued), 1869-1890. "The 
Peaceable Settlement of Labor Disputes." By 
Robert Spence Watson 28 

VI. — Conciliation in Belgium. The Colliery of Bascoup, 

1876-1893 41 

VII. — Conciliation in Belgium (Continued). The Colliery 

of Mariemont, 1888-1893 54 

VIII. — Conciliation between Mason Builders and Brick- 
layers in New York, 1885-1893 ,^ .... 64 

IX. — Progress of Conciliation in New York City, 1892 . 75 

X.— Conciliation between Mason Builders and Brick- 
layers IN Chicago, i 887-1 893 . . . . .81 

XI. — The National Association of Builders, and Concilia- 
tion 90 

XII. — Conciliation in the Building Trades of Boston and 

Vicinity, 1891-1893 - , ,. 99 



m 



PREFACE. 



My object in compiling this book is to present an ac- 
count of some of the methods by which industrial peace 
has been sought and attained in many large industries 
both in Europe and in this country, and to hold up to 
the gratitude and respect of their fellow-employers and 
fellow-workmen the achievements of the men who have 
by these methods already brought a blessing to thou- 
sands and broken a path which all may now follow. 

Actuated by the highest sense of justice and love of 
right, they have been so happy as to be able to put their 
principles into practice and to watch the successful re- 
sults of their efforts, and they have from time to time 
published some account of what they have done. It is 
from their own writings that I have collected the mate- 
rials I have used. 

I offer them my own most earnest gratitude. 

Josephine Shaw Lowell. 

March 5, 1893. 



INDUSTRIAL ARBITRATION AND 
CONCILIATION. 



CHAPTER I. 

TRADES-UNIONS AS AFFECTED BY LAW. 
I 800- I 890. 

Every citizen of the United States in every matter 
which concerns his poHtical welfare and the political 
welfare of the country, recognizes himself and is recog- 
nized as being '^ free and independent." Freedom of 
assembly, freedom of debate, the habit of acting with 
his fellows to attain his political ends, are a second 
nature to every American, whether native or naturalized. 
Political independence and political joint action are 
claimed to be peculiarly American. Further than this, 
combination, organization, co-Operation, are the watch- 
words of modern progress in all directions. Whatever a 
body of men, having a common intere5'£, desire to attain, 
they combine to secure. 

Such being the facts it would seem very much like 
opposing the inevitable to rail at Trades-Unions or to 
attempt to prevent the formation of labor organizations, 



2 INDUSTRIAL ARBITRATION AND CONCILIATION. 

for these are simply one manifestation of a universal law. 
Is it not pre-eminently unreasonable to suppose that men, 
who have been appealed to year after year to form a 
judgment upon all public questions, and to take part in 
the government of their country, that is, Avho have lived 
under a democratic form of government, should submit 
to an autocratic industrial control, which is a matter of 
far more vital importance to them, so far as daily happi- 
ness goes ? 

Combinations of wage-earners, in some form, are to be 
expected, and must be accepted. As a rule these com- 
binations are beneficent ; they are both a sign and a 
cause of moral and intellectual progress ; they cannot be 
prevented, but unwise attempts to prevent them may, for 
a time, divert and almost destroy their power for good. 
It is in the nature of things that men should unite to 
attain their common ends, and the kind of union they 
form, the ends which they seek, and the means adopted 
to attain those ends, are matters of vital importance both 
to themselves and to the public. 

There can be little doubt that these points are all far 
more dependent than is generally recognized, not upon 
the men who form the Unions, but upon the reaction 
upon them of the laws under which they live, and of the 
attitude of their employers and of the public towards 
them. 

The history of Trades-Unionism in England, before 
187s, and since that time, will serve to show the truth of 
this statement.^ 

' The quotations in this chapter are from The Conflicts of Capital and 
Labour, by George Howell, M.P., and are reprinted by permission of 
Messrs. Macmillan & Co. 



7^ 



TRADES^UNIONS AS AFFECTED BY LAW, 3 

In the year 1800 a law was passed forbidding all asso- 
ciations of workmen established for any and all purposes. 
The result, however, was not what had been expected. 
Speaking of this law Mr. Howell says : '' Secret societies 
are the natural result of repression ; they arise out of a 
sense of injustice and oppression, strengthened by the 
conviction that they dare not publicly discuss their 
grievances, real or imaginary, and that the government 
under which this state of things exists is opposed to the 
interests of those who compose such societies. Secret 
combinations are incompatible with free government, and 
cannot possibly find any large class of adherents ; but 
tyranny and oppression will always produce men who 
will not be deterred, by any consideration of danger, from 
combining to resist what they deem an injustice. 

*^ The enactment of the combination laws, therefore, 
did not prevent combination, but tended to develop it. 
In 1818, a common workman was prosecuted for com- 
bining, and bail to the amount of £200 and two sureties of 
iJ"ioo each were required for his appearance at the next 
sessions to answer the charge ; but these prosecutions 
did not deter others from combining. The effects of 
these laws were such that the people in their despair 
were led to commit the grossest deeds of violence and 
the most infamous crimes, in what they considered to be 
self-defence. The whole character of the work-people 
had so deteriorated that they regarded with little aversion 
acts which were not only vicious, but actually criminal.'* 

Prosecutions under the Combination Laws were 
frequent. 

^^ The history of these prosecutions and contentions, 
and the consequent privations endured by the workmen 



4 INDUSTRIAL ARBITRATION AND CONCILIATION. 

for the purpose of securing their independence, is a real 
record of heroism ; in spite of oppression the most crush- 
ing, of legal enactments the most stringent, of punish- 
ments the most cruel, for any infraction of these Acts, 
the men continued to combine ; they contested every 
inch of the ground, until, after a struggle of centuries, 
they were now on the threshold of victory, partial it is 
true, but still most important, viewed hy the light of 
later facts. 

'' These fierce contests had not passed altogether unno- 
ticed, nor had the prosecutions of the workmen by their 
masters been wholly unheeded ; a few men in Parliament, 
with Joseph Hume at their head, had observed their 
struggles for industrial freedom, and in the year 1824 
they moved for and obtained the appointment of a select 
committee of the House of Commons to consider the 
laws relating to workmen and artisans. 

**The committee sat, took evidence, and speedily re- 
turned the following report with reference to these 
oppressive laws : 

(i) That it appears by the evidence before the committee, that combina- 
tions of workmen have taken place in England, Scotland, and Ireland, 
often to a great extent, to raise and keep up their wages, to regulate their 
hours of working, and to impose restrictions on their masters respecting 
apprentices or others whom they might think proper to employ ; and that at 
the time the evidence was taken, combinations were in existence, attended 
with strikes and suspension of work ; and the laws have not hitherto been 
effectual to prevent such combinations. 

(2) That serious breaches of the peace and acts of violence with strikes 
of the workmen, often for very long periods, have taken place in conse- 
quence of and arising out of the combinations of workmen, and have been 
attended with loss to both masters and w^orkmen, and with considerable in- 
convenience and injury to the community. 

(3) That the masters have often combined to lower the rates of their 
workmen's wages, as well to resist a demand for an increase and to regulate 



TRADES-UNIONS AS AFFECTED BY LAW, 5 

their hours of working, and sometimes to discharge their workmen who 
would not consent to the conditions offered to them, which have been fol- 
lowed by suspension of work, riotous proceedings, and acts of violence. 

(4) That prosec^itions have frequently been carried on under the statute 
and common law against the workmen, and many of them have suffered dif- 
ferent periods of imprisonment for combining and conspiring to raise their 
wages, or to resist their reduction, and to regulate their hours of working. 

(5) That several instances have been stated to the committee of prosecu- 
tions against masters for combining to lower wages, and to regulate the 
hours of working ; but no instance has been adduced of any master having 
been punished for that offence. 

(6) That the laws have not only not been efficient to prevent combina- 
tions either of masters or workmen, but, on the contrarj^ have, in the opin- 
ion of many of both parties, had a tendency to produce mutual irritation 
and distrust, and to give a violent character to the combinations, and to ren- 
der them highly dangerous to the peace of the community. 

(7) That it is the opinion of this committee that masters and workmen 
should be freed from such restrictions as regards the rate of wages and hours 
of working, and left at perfect liberty to make such agreements as they may 
mutually think proper. 

(8) That therefore the statute laws that interfere in this particular should 
be repealed ; and also the common law under which a peaceable meeting of 
masters or workmen may be prosecuted as a conspiracy, should be altered. 

(9) That the committee regret to find from the evidence that societies, 
legally enrolled as benefit societies, have been frequently made the cloak 
under which funds have been raised for the support of combinations and 
strikes attended with acts of violence or intimidation ; and without recom- 
mending any specific course, they wish to call the attention of the House to 
the frequent perversion of these institutions from their avowed and legiti- 
mate objects. 

(10) That the practice of settling disputes by arbitration between masters 
and workmen has been attended with good effects ; and it is desirable that 
the laws which direct and regulate arbitration should be consolidated, 
amended, and made applicable to all trades. 

(11) That it is absolutely necessar}% when repealing the combination 
laws, to enact such a law as may efficiently, and by summary process, punish 
either workmen or masters who by threat, intimidation, or acts of violence, 
should interfere with the perfect freedom which ought to be allowed to each 
party of employing his labour or capital in the manner he may deem most 
advantaojeous." 



6 INDUSTRIAL ARBITRATION AND CONCILIATION, 

All the statutes against combinations of workmen were 
repealed in consequence of this report, and more moderate 
laws passed, but under the common law prosecutions were 
still frequent, and constant conflicts between workmen 
and their employers, long and severe strikes, and great 
bitterness of feeling continued, and there were select com- 
mittees of the House of Commons appointed from time 
to time to inquire into the various phases of the matter. 

Of troubles occurring in 1848 Mr. Howell says: '' These 
and other prosecutions and convictions produced a good 
deal of irritation and agitation, and ultimately resulted in 
making the Unions much more numerous and powerful 
than they had ever been before." Of strikes in 1852-53- 
54-55 he says: ^' These oft-recurring disputes, with their 
attendant prosecutions and consequent agitation, tended 
materially to the development of the Unions, and to their 
growth, both in number and wealth, and then serious 
questions began to arise as to the safety of their funds.'* 

In 1867 a Royal Commission was appointed to inquire 
into alleged outrages in Sheffield, Nottingham, and Man- 
chester, '' and also into the organization, rules, operations, 
and conduct of trade societies, and the laws under which 
they were governed. The investigation was searching and 
complete; the result is embodied in sixteen volumes of 
reports ; the ordeal was a severe one, but the Unions, as 
a w^hole, came out of it without a stain. 

'' Instead of a law to suppress the Unions, as many had 
hoped, the inquiry into their organization and rules even- 
tuated first of all in a Temporary Act, protecting their 
funds, in 1869, and then in the Trades-Union Act, 1871, 
which sanctioned their objects, and legalized their 
action." 



TRADES-UNIONS AS AFFECTED BY LAW, / 

After this time "the agitation for the total repeal of all 
the penal laws affecting labour became more and more 
intensified and persistent ; the action for securing this end 
was constitutional and methodical ; the public mind was 
educated by meetings, lectures, publications, annual con- 
gresses, deputations to ministers, and interviews with 
members of Parliament, and by debates, bills, and petitions, 
until at last a Conservative Government, in 1875, after a 
slight show of resistance, with the excuse and help af- 
forded by the report of another Royal Commission, 
granted the workmen's demands. 

" The history of the struggle to secure this great victory 
is not so well known as it might and should be ; it conveys 
an object lesson replete with interest to workmen, em- 
ployers, the legislature, and the general public; above all, 
it ought to teach the law-makers that repressive laws are 
ineffectual, as well as dangerous and oppressive ; that 
their effect is demoralizing on the mind ; and that men's 
ideas of right and wrong become confounded, until a sense 
of injustice brings about the worst evils of violence, even 
to ferocity. ' Men who know that they are criminals, by 
the mere reason of the object wdiich they have in view, 
care little for the additional criminality involved in the 
means they adopt.' The value of the lesson to workmen 
is not a whit less important than to others ; if they study 
the labour question aright, they will perceive and under- 
stand the wisdom of moderation in all their demands ; 
that the duty which they owe to the State, of which they 
are component members, is to pursue their objects peace- 
ably, and in a constitutional manner ; and furthermore, 
that sooner or later, if the claims put forward are reason- 
able and just, they will be granted by the legislature. 



8 INDUSTRIAL ARBITRATION- AND CONCILIATION. 

With their present poHtical power, if it be wisely used 
and directed, no demand, if based on justice, can long be 
refused; but those who denounce the injustice of others, 
must be careful not to incur a like condemnation, by 
reason of their own departure from the principles of equity. 
Moreover, in this case, as indeed it might be said to be in 
all cases, it is politic to be just. Retribution, in some form 
or another, is sure to follow any departure-from the princi- 
ples of truth and justice ; sometimes it is swift and sudden, 
at other times slow and deferred, but it is certain, sure, 
and inevitable. 

'^ . . . The first essential principle of the ex- 
istence of a Trades-Union is that it shall be purely volun- 
tary — upon no other basis could it legally or possibly 
exist. A man must have perfect liberty either to join or 
refrain from joining such society, according to his taste 
or inclination, and no justification can be offered for any 
attempt to violate this first condition of membership. 
Instances frequently occur in which a certain amount of 
social pressure is used in order to bring men into the 
Union, but they are rather exceptional ; and usually they 
are not effective, for w^orkmen like others resent any kind 
of personal dictation, and if they do yield to its influence 
it is only for a time, until an opportunity for repudiation 
occurs. Coercion is not only a violation of law, but it is 
also contrary to morals ; the law is jealous of any interfer- 
ence with the personal liberty of the subject, and rightly so, 
for absolute freedom is the right of every citizen in a free 
State. It is equally wrong for an employer to attempt to 
interfere with the freedom of the workmen, with the in- 
tention of preventing them from joining a Union if they 
think fit to do so. Neither the employer nor the work- 



TRADES-UNIONS AS AFFECTED BY LAW, 9 

man has the right to fetter the free action of any other 
person in this matter, or to force him to do, or abstain 
from doing, that which he thinks best for himself. 

'^ . . . The legislation of 1875 has produced the 
happiest results in the interests of law and order ; for a 
good deal of the irritation of the past was caused by the 
repressive laws by which workmen w^ere tried and pun- 
ished. They have been in operation for fifteen years; 
notwithstanding their leniency as compared with former 
laws, the prosecutions have been but few% and the need 
for such prosecutions is daily diminishing, and will dimin- 
ish year by year. The history of the operation of repressive 
enactments supplies a lesson w^hich masters and workmen 
may study with advantage, and which it is the duty of 
both to learn. 

'' ... It is the duty of the law to protect all alike, 
and to punish those who attempt to interfere with the 
personal liberty of another, whether by threats, coercion, 
intimidation, personal violence, or other overt action, and 
no mercy should be shown to those who are guilty of such 
offences. The law should be equal for all, and universal 
in its application and enforcement, without regard to 
person, position, or class. In all its main provisions such 
is the 'Conspiracy and Protection of Property Act, 1875,' 
for which reason it should be upheld and obeyed by all 
classes of w^orkmen, both in and out of the Union. . . ." 

We have here a short sketch of the effect of law upon 
the development and character of Trades-Unions in Eng- 
land, where they have reached their greatest usefulness 
after passing through seasons of bitter and violent feeling 
and action, and it may be said, without fear of contradic- 
tion, that all classes in England now recognize their value. 



lO INDUSTRIAL ARBITRATION AND CONCILIATION. 

One of the legislative committees appointed within a few 
years to consider questions relating to labor, '^ The 
Sweating System Committee" of the House of Lords 
(1890), made the following suggestion : '' With respect to 
the low wages and excessive hours of labour, we think 
that good may be effected by the extension of co-opera- 
tive Societies, and by well considered combination amongst 
the workers." 

Mr. Henry Crompton, of London (in his work on hi- 
dustrial Conciliation^ 1876), gives a history of one of the 
best results of Trades-Unionism, the attainment of peace 
between employers and employees, and I shall with his 
permission give my readers the benefit of full extracts 
from his most interesting book. 



CHAPTER 11. 

THE INDUSTRIAL SITUATION. 
1876. 

FROM "INDUSTRIAL CONCILIATION" BY HENRY CROMPTON, OF LONDON. 

. . . We live in an age of vast and momentous change, 
characterized as a period of transition, as a passage from an 
old to a new order. The industrial movement is not sep- 
arate or distinct from the other parts of human progress. 
Industry is but one aspect of social life, and cannot be 
separated from other aspects, intellectual, moral, or politi- 
cal. When the public mind grasps a ncAv political idea 
or seizes upon some lofty moral aspiration, it is not lim- 
ited by the circumstances to which perhaps it may owe its 
origin, but penetrates to all the actions and desires of 
man. When the Radical manufacturers preached politi- 
cal change to the working classes, and set up before them 
political independence as a goal to strive for, they ought 
not to have been surprised to find that the ideas they had 
taught with reference to the outer civic actions were at 
once applied to the inner industrial life. The feudal sys- 
tem was an industrial as well as a political subjection. If 
the right aspiration for every citizen is to be independent 
and free, that is, not subject to arbitrary power but depen- 
dent only upon just laws, the same aspiration must inevit- 
ably appear right to him in his capacity of workman. The 

n 



12 INDUSTRIAL ARBITRATION AND CONCILIATION, 

political cry for Reform was equally a cry for a new 
industrial rule. 

. . . We may well look back to the beginning of 
this long struggle by labour to achieve freedom, and com- 
pare the condition of the working classes in the past to 
that of workmen in the best modern employment, where 
each man's freedom is assured, and the fullest respect paid 
to the worth and dignity of labour. Such a contrast is no 
less than that between the slave and the free citizen. The 
independence of the working classes does not constitute 
the industrial progress, but it is a prime factor in that pro- 
gress. The obstinate refusal to acknowledge and accept 
this fact can only bring about in the future a renewal of 
the deadly struggle which has taken place in the past, and 
is therefore to be condemned, as conduct contrary to the 
interests of mankind. A superficial view of the industrial 
battle-field might lead any one to believe that war on a 
larger scale than ever was now imminent between capital 
and labour. On each side are massed larger forces, arrayed 
for war, and ever increasing in numbers, in material re- 
sources, in skilful leadership, and in organization ; on each 
side all minor causes of dissension and disunion are put 
aside, such as individual interests and personal animosi- 
ties, that a united front may be presented to the common 
foe. But this would be a false and delusive picture — the 
dark side only. The bright side is very different, full of 
hope and full of promise. This it is I wish to paint. 

Increased organization, whether of masters or men, or 
of both, means decreased war. Though more noticed, 
strikes occur less frequently. When there is a strike or a 
lock-out, though the area is greater, the contest is less 
bitter and intense. Moral and intellectual pressure has a 



THE INDUSTRIAL SITUATION, 1 3 

greater coercive effect upon both sides. More attention 
is paid by each side to the views of the other. There is 
far more restraint. Wiser and more prudent counsels 
tend to prevail. The .strike or the lock-out has less of 
the character of war to the death. Each side presents 
less of the stiff-necked, dogged resolve to yield nothing, 
but fight it out to the bitter end. If we take a typical in- 
stance of a struggle of twenty-five years ago, the lock-out 
of the engineers in 1852, we find it beginning with an ul- 
timatum or declaration of war by the Union, wrong in 
form, even had the object been right, and calculated to 
irritate and inflame the employers. On the other hand, 
the employers entered upon the contest with the formid- 
able announcement that they would utterly destroy the 
great institution, which the men rightly regarded as the 
means of their safety and strength. Refusing all offers of 
compromise, the employers would only accept the com- 
plete and abject submission of the men. They had to 
choose between starvation or desertion of their Union. 
They were forced to promise to break faith with their 
Union ; and in the end they broke their promise and not 
their faith. It was a fierce and ungenerous triumph by 
the employers, but a fruitless victory, as far as the de- 
struction of the Union was concerned. For the Society 
of Amalgamated Engineers, instead of being destroyed, 
acquired fresh strength and has prospered ever since ; 
proving that the power of combination can withstand the 
most crushing defeat. 

There has in truth been a great intellectual and moral 
progress among employers and employed. Doubtless, 
there are parts of England and certain trades in which 
the relations between the employers and employed are as 



14 INDUSTRIAL ARBITRATION AND CONCILIATION, 

bad now as was ever the case. There are trades in which 
the most brutal savagery is still the rule. This is the 
blackest part of the dark side ; but the bright, if slowly, 
is surely gaining upon it. None of the leaders of the 
workmen have ever desired that there should be any re- 
laxation of the law dealing with real crimes. The agita- 
tion for the abolition of the unjust laws which have lately 
been repealed has not been disadvantageous to the Vv^ork- 
ing classes. Questions of personal interference, of crimi- 
nal and moral responsibility, have been brought vividly 
before them. They have been thus made to see the 
necessity and advantage of having to justify their actions 
in the full light of public opinion. The passing of the 
recent Labour Laws, recognizing the complete legal inde- 
pendence of the working classes, has come at an oppor- 
tune time. Industrial independence must follow. A 
strong current has set in from the old towards the new 
order. Everything tends in that direction, whether we 
look to the attitude of the employers to the employed, of 
the employed to the employers, or whether we look to 
the moral and intellectual change in public opinion on 
these industrial questions. The time has in fact arrived 
for a new departure, or rather for fresh efforts in that di- 
rection which has proved to be right. The central fact, 
the focus of light is, the success of the Boards of Concili- 
ation. The last ten years have been their time of trial, 
and the results of the system are more satisfactory than 
its promoters had dared to prophesy. Wishing to show 
the real progress that is taking place in industry, I am 
forced by the logic of facts to group what I have to say 
round this system of conciliation. 



THE INDUSTRIAL SITUATION, 1 5 

The practical success which has attended the estabhsh- 
ment of most of the Boards of Arbitration and Concilia- 
tion is due to the fact that the employers have really 
accepted the independence of the men — that is, they have 
accepted the Trades-Unions, which the men rightly re- 
gard as the secret of their strength. To pretend that 
their independence is assured when each workman con- 
tracts individually with his employer and their collective 
wishes and actions are disregarded, is too transparent a 
fallacy to need discussion. As if men could be indepen- 
dent when their strength was paralysed, or when they were 
deprived of habitual association and co-operation in their 
common purposes. Complete independence involves a 
recognition by the employers of the Trades-Unions, and 
this is better done and more permanently assured by a 
Board of Conciliation. Whatever difficulties there may 
be in the application of systematic conciliation to some 
trades, this much is shown — that where it has been suc- 
cessfully applied, it is not only capable of diminishing the 
shock of the opposing forces, but apparently of actually 
reconciling capital and labour. . . . 



CHAPTER III. 

ARBITRATION IN ENGLAND. 
1 860- 1 876. 

FROM '* INDUSTRIAL CONCILIATION " BY HENRY CROMPTON, OF LONDON. 

. . . Throughout the century disputes have been 
settled between employers and employed by resort 
to arbitration; and in some trades — as, for example, 
in the pottery trade — the practice arose of inserting 
an arbitration clause in labour contracts. About 1850 
the principle of arbitration was advocated as the best 
means of insuring peace between capital and labour. 
But it was not, as far as I can learn, until i860 that any 
permanent system or Board of Arbitration came into 
actual operation. The two men who have been most 
instrumental in this w^ork, and whose names will long 
be remembered in connection with this movement, 
are Mr. Mundella and Mr. Rupert Kettle. Mr. Kettle, 
a lawyer and judge, naturally approached the subject 
from a legal point of view. Mr. Mundella, a manufa- 
turer, and himself sprung from the working classes, went 
straight to the practical and moral end implied by the 
word conciliation. If his route to the right result was 
more direct, Mr. Kettle's was of even greater experimental 
value, constituting an experience that could not well be 
dispensed with. It is very satisfactory to find that both 

16 



ARBITRATION IN ENGLAND, 1 7 

routes of this noble emulation converge, each affording 
strength to the common conclusions. Mr. Kettle's scheme 
was based on a simple, yet admirable, application of the 
principles of the common law. A code of working rules 
was drawn up by the representatives of employers and 
employed. These rules were posted up in the workshops, 
and a copy was given to every workman engaged. The 
working rules thus brought to the notice of the parties be- 
came a contract binding between each employer and every 
workman he engaged, which could be enforced at law. 
But it was very soon found, in confirmation of Mr. Mun- 
della's view, that the real difficulties were not relative to 
past, but to future prices and arrangements. Mr. Kettle 
says that " differences upon the terms of a future contract, 
arising from the difficulty of foreseeing the future rate of 
wages," are most liable to lead to disputes. Mr. Mundella 
says : '' If we had only to discuss quarrels that have arisen 
about the past state of prices we should have almost noth- 
ing to do, because it is rarely that there is any dispute 
what shall be the rate this week, but the dispute is, what 
shall be the rate next week." It was soon evident that a 
legal system of adjudication was limited by the shortness 
of the notice to which the actual contract was invariably 
subject. However valuable these contracts or codes of 
working rules maybe, their value is impaired and lessened 
when, as is the case in the building trades, each side can 
put an end to the contract at any moment, without notice, 
or with very short notice. Moreover, such a plan was too 
cumbrous for the rapid adjustment of small differences. It 
became, therefore, necessary to introduce a rule for con- 
ciliation. A sub-committee, or smaller body of employers 
and employed, was appointed to meet oftener and deal 



1 8 INDUSTRIAL ARBITRATION AND CONCILIATION, 

with the smaller matters as they arose. This, which was 
first looked upon as subsidiary, gradually assumed greater 
prominence, and has now become the really essential and 
vital part of the system. It is not too much to say that 
the condition of all systems of arbitration being perma- 
nently successful is, that full prominence should be given 
to this feature of conciliation by a small committee. Mr. 
Kettle admits that '' a union of conciliation and arbitration 
would not be inconsistent. An Arbitration Court did, in 
fact, include conciliation, and so much was this true that 
sixteen out of twenty cases were settled by conciliation.'' 
But he still adheres to the opinion that the legal form and 
aspect of arbitration is the best. The difference between 
Mr. Kettle's yiew and Mr. Mundella's is well expressed by 
the words sometimes used to designate their respective 
systems, namely, "an Arbitration Court,'" diXid '' ■sl Board 
of Conciliation." Mr. Kettle thinks that an umpire is re- 
quired to act as judge between the parties, that ''an arbi- 
trator would be able to keep before the disputants those 
great and fundamental rules of commercial economy by 
which service contracts are ultimately governed," and that 
*' an arbitrator undisturbed by the emotions of the conflict 
would apply them to the facts before him." This is arbi- 
tration by a Court, not by a Board. The umpire presides 
over the investigation ; two arbitrators are appointed by 
the employers, and two by the men. These four are a 
kind of jury. If they cannot agree, the umpire has to 
make his award. Such a plan is very desirable where 
there is antagonism and suspicion existing between mas- 
ters and men. The presence of an umpire must exercise 
a salutary restraint over both sides, and such arbitrations 
must necessarily have a great effect in carrying out the 



ARBITRATION IN ENGLAND, I9 

object aimed at — namely, the peaceful settlement of these 
burning questions. There are trades now where any other 
mode would be impossible. Probably no other plan is so 
well adapted to the putting an end to a strike or lock-out. 
It must be admitted that Mr. Kettle, in elaborating 
this system, and himself successfully undertaking the 
difificult office of umpire, has done a work the importance 
of which cannot be overestimated. But its uses are tem- 
porary and provisional. No institution can be permanent 
which contemplates a continuous and lasting opposition 
between labour and capital. The same may be said of 
the Trades-Unions, which have been well described as 
^' armed peace '' ; but then they have other functions be- 
sides that of resisting and opposing employers, and they 
are capable of being modified and transformed for the 
better carrying out of useful and social purposes, as the 
present antagonism between capital and labour diminishes 
and dies away. So, too, with Boards of Conciliation, 
which have already shown that they are capable of being 
employed to promote industrial progress, apart from the 
more special object with which they were originally 
established. . . . 



CHAPTER IV. 

CONCILIATION IN ENGLAND. 
I 860-1 876. 

FROM '' INDUSTRIAL CONCILIATION," BY HENRY CROMPTON, OF LONDON. 

. . . The development of arbitration and concilia- 
tion in industry is characterized by the increasing promi- 
nence of conciliation ; whereas arbitration, though a 
necessary, tends to become a less and less important, 
feature. Mr. Mundella must be regarded as the inventor 
of systematic industrial conciliation. The first Board 
was started in his own trade of hosiery in the year i860. 
Prior to that time the history of the relations between 
employers and employed in the trade is that of war. If 
the worst aspects of this war, the terrible riots, the mur- 
ders, arsons, and machine-breakings of the early part of 
the century, had disappeared, there was still hatred and 
suspicion by the operatives towards their masters, who, 
in their turn, entertained feelings of animosity against 
the men. Mr. Mundella admits that, '' In times of de- 
pression a manufacturer pressed down the workmen as 
low as he possibly could, and the less conscience he had 
of course the more he pressed down the workmen ; and 
when the time for an advance came, or better trade, 
although the natural demand for labour would sometimes 
force up wages a little, yet it was always resisted as much 



CONCILIATION IN ENGLAND, 21 

as possible. The men sent deputations from Trades- 
Unions round to the hosiers* warehouses. At one ware- 
house they would be told to walk downstairs, the masters 
would not acknowledge Trades-Unions. At another they 
would be told : ^ Well, we shall wait till we see what our 
neighbours do.* After going round to the different firms 
and being received in that way, the chances are that the 
men would go home and strike, and it would depend on 
circumstances how long they could keep out. They 
would, perhaps, ask for more than was the natural rate, 
more than the trade could fairly give. It was simply 
starving out the manufacturer or the workmen till a 
compromise was effected." 

In i860 there were three strikes in one branch of the 
trade, one of which lasted eleven weeks. The manufac- 
turers met together to consider what they should do in 
their defence. A general lock-out was proposed, but this 
meant the turning a large population into the streets. 
They shrank from such a step. Wisely and nobly they 
resolved to try a better alternative ; after some consider- 
ation a handbill was issued, inviting a conference between 
masters and men to see if a peaceable issue might not be 
found to the dispute, which was one of wages. "" Three 
of us," says Mr. Mundella, ^^ met a dozen leaders of the 
Trades-Unions. We consulted with these men, and told 
them that the present plan was a bad one, that they took 
every advantage of us when we had a demand, and we 
took every advantage of them when trade was bad, and 
it was a system mutually predatory. Well, the men were 
very suspicious at first ; indeed, it is impossible to describe 
to you how suspiciously we looked at each other. Some 
of the manufacturers also deprecated our proceedings. 



22 INDUSTRIAL ARBITRATION AND CONCILIATION. 

and said that we were degrading them. However, we 
had some ideas of our own, and we went on with them, 
and we sketched out what we called a ' Board of Arbitra- 
tion and Conciliation/ " They agreed to refer all questions 
in dispute to the Board ; that the Board should be com- 
posed of an equal number of manufacturers and workmen, 
both to be chosen annually by their respective bodies. 
*' When we came to make our rules it was agreed that the 
chairman should be elected by the meeting, and should 
have a vote, and a casting vote when necessary. I was 
chosen the chairman in the first instance, and I have been 
the chairman ever since. I have a casting vote, and twice 
that casting vote has got us into trouble, and for the 
last four years it has been resolved that we would not 
vote at all. Even when a working-man was convinced, 
or a master convinced, he did not like acting against his 
own order, and in some instances we had secessions in 
consequence of that ; so we said, ' Do not let us vote 
again ; let us try if we can agree.' And we did agree." 
Although the rules of the Board still give the chairman a 
casting vote, it is never used. The chairman is always an 
employer, and it is thought undesirable that where there 
is an equal vote the decision should be given by an em- 
ployer. The Board has consequently come to the deter- 
mination that in such an event there shall be a reference 
to some arbitrator to be appointed for the occasion. 
There would be no objection on the part of the Board to 
a permanent referee, so long as he was acquainted with 
the trade ; but there is a very strong feeling against a 
stranger referee, as the questions must depend to a great 
extent on the judgment formed of foreign goods, and the 
probable effect of foreign competition on the trade. The 



CONCILIATION IN ENGLAND. 23 

proceedings of the Board are very informal, not like a 
court, but the masters and men sit round a table, the 
men interspersed with the masters. Each side has its 
secretary. The proceedings are without ceremony, and 
the matter is settled by what the men call '^ a long jaw/' 
discussion and explanation of views, in which the men 
convince the masters as often as the masters the men. 
Of course this does not mean that every member of the 
Board is always convinced, though it seems that even this 
is very often the case, but when they are not they are con- 
tent to compromise. They know the fatal consequences 
of disagreement. They agree by coming to the best 
arrangement possible under the circumstances. It is, in 
fact, conciliation, and is far better than the decision of a 
court or of an umpire. The "' long jaw," ending in agree- 
ment, may take a longer time, but is the true practical 
way out of the difficulty. 

In the hosiery trade all employment is by piece-work. 
. . . Wherever the nature of the work admits of em- 
ployment by piece-work, the system requires to be prop- 
erly regulated or it will work injustice. It is not true 
that the Unions desire to fix a maximum wage or price, 
and allow no one to earn more. This is not true ; but they 
do aim at fixing a minimum, below which the wages, 
whether measured by time or by the piece, shall not fall. 
The Unions are guilds of skilled men, and they look with 
natural jealousy on a properly qualified artist taking less 
than his services are worth. So they often fix a minimum 
or limit, though this is hardly so fixed and unchangeable 
a limit as the guinea fee of the barrister or physician. 
The condition of a fair system of remuneration by piece- 
work is some plan for giving temporary fixity to the price 



24 INDUSTRIAL ARBITRATION AND CONCILIATION, 

of the piece, or else some system by which, when any 
alteration is necessary, the change can be adjusted accord- 
ing to some known and fixed principle. This is what 
Mr. Mundella's Board accomplishes, by fixing the price 
of all piece-work for a certain time in advance. There 
are statements of prices of no less than 6,000 articles. 
This fixes the wages just as much as if it fixed wages for 
time service. It amounts to a code of rules regulating 
the particulars of the whole trade, sometimes lasting with- 
out change for as long a period as two or three years. 
The convenience of all parties is consulted. The Board 
meets once every three months, but may be called to- 
gether oftener should occasion arise. Due notice of any 
proposed alteration must be given beforehand. 

Both Mr. Mundella and Mr. Kettle agree that these 
Boards ought to be voluntary, and not compulsory. 
They believe that compulsion is fatal to conciliation. 
Some of the Trades-Unionists have certainly been in 
favour of compulsory arbitration. But I believe I am 
right in stating that the present compulsory legal powers 
have never been used by either side to compel the other 
to arbitrate on any dispute. Mr. Mundella and Mr. 
Kettle rely on the moral coercion which the employers 
and the men can exercise over the individual members of 
their respective bodies. The influence of the employers 
and fair reasoning are sufficient to make any employer 
who might be disposed to disregard the decision of the 
Board see the advantage in the long run of loyally accept- 
ing an unfavourable decision of the Board. With the 
workmen there would be a great difficulty if there were 
no Trades-Unions. There is no way of binding the men 
to accept the decision of the Board, unless there are 



CONCILIA TION IN ENGLAND, 2<, 

Unions or some other organization among them that 
would have the same power over them. Happily the 
Trades-Unions have been able to discharge this function, 
and not for the unionists only but for the non-unionists 
as well. The latter are. very glad to avail themselves of 
the advantages accruing from the established organization 
of the Unions ; and the Board is in fact a bond of union 
and peace between unionist and non-unionist. Some 
Boards have rules to prevent any difference arising from 
the fact of a man's belonging or not belonging to a Trade- 
Union. One of Mr. Kettle's rules says : '' Neither mas- 
ters nor men shall interfere with any man on account of 
his being a society man or non-society man." The Board 
in fact accepts the Trade-Union and the principle of com- 
bination among employers and employed, and uses it as 
the instrument for establishing peace and good will, 
liberty and justice. Both Mr. Kettle and Mr. Mundella 
testify to the value of the Trades-Unions, and to the way 
in which the workmen have performed their part. Mr. 
Kettle says : " My experience of arbitration is, that when 
the masters and the men meet as men of business, and 
discuss their business matters together with perfect free- 
dom, it is the greatest possible relief both to the men and 
to the masters, that they appreciate the opportunity of 
coming and discussing the matter candidly and fairly with 
one another, and I have never found the men unreason- 
able, nor have I found the masters unreasonable. Some- 
times I have heard untenable propositions enunciated on 
either side, but the general result is that they meet in a 
proper spirit and come to a satisfactory arrangement." 

Mr. Mundella says: ^' The very men that the manufac- 
turers dreaded were the men that were sent to represent 



26 INDUSTRIAL ARBITRATION AND CONCILIATION, 

the workmen at the Board. We found them the most 
straightforward men we could desire to have to deal with ; 
we have often found that the power behind them has been 
too strong for them ; they are generally the most intel- 
ligent men ; and often they are put under great pressure 
by workmen outside to do things which they know to be 
contrary to common sense, and they will not do them. 
They have been the greatest barriers we have had between 
the ignorant workmen and ourselves/' 

One of the most important parts of the system has yet 
to be described ; that is, the Committee of Inquiry, which 
consists of four members of the Board, two employers 
and two operatives. If a dispute arises it comes in th^ 
first instance before the two secretaries of the Board. If 
they fail to adjust the difference it is brought before the 
Committee of Inquiry, but they have no power to make 
an award. They can only settle the difference amicably 
by the consent of both sides. In one of the rules it is 
distinctly laid down that neither Board nor Committee 
will entertain any application from men on strike. The 
condition of the Board's action is, that the men remain at 
their work. Every case has to pass through the hands, 
first of the secretaries, then of the Committee, before it 
comes to the last stage, the Board. There has been no 
appeal to the Board for a year. The vice-president, who 
is a workman, writes to me thus : '' We have many dis- 
putes, but we soon settle them. I have settled two this 
week quite satisfactorily to both workmen and employers. 
I have another for to-morrow. But I have no doubt when 
I have seen the parties it will be all right, without either 
the Committee or the Board." The Board has been a 
success for fifteen years. Masters and men have been 



CONCILIA TION IN ENGLAND, 27 

loyal to its decisions. There have been exceptional in- 
stances, in which individual masters and small bodies of 
men have taken huff and rejected the decision of the 
Board ; but this was only for a short time. Generally, 
when such seceders have listened to the arguments of the 
members of the Board, they have in time seen their error, 
have come back, and by so doing have strengthened, 
rather than weakened, the vitality of the system. The 
lesson could not be learnt by all at once. . . . 



CHAPTER v.. 

CONCILIATION IN ENGLAND (CONTINUED). 
1 869-1 890. 

EXTRACTS FROM AN ARTICLE BY ROBERT SPENCE WATSON, LL.D.^ 

. . . Forty years ago important trades in England 
had appointed voluntary Boards of Arbitration, and thirty 
years ago, Mr. Mundella formed, at Nottingham, the first 
voluntary Board of Conciliation and Arbitration, and it 
still continues to flourish, and to legislate for the hosiery 
and glove trades, and its plan has been adopted in the 
textile and chemical trade, the boot and shoe trade, the 
lace trade, the building trade, as well as in coal and iron 
mining and in iron manufacture. 

I am best acquainted with what has occurred in some 
of the most important industries of Northumberland and 
Durham. In them the way to avoid industrial war has 
been found, and followed with remarkable success. In 
the coal trade in both of these counties and in the manu- 
factured iron trade of the North of England, the chosen 
representatives of employers and employed have met 
together at stated intervals and under fixed regulations ; 
have discussed and settled innumerable disputes of more 
or less importance ; have, from time to time, established 

^ " The Peaceable Settlement of Labour Disputes." Reprinted from the 
Contemporary Review for May, i8go, by permission of the author. 

28 



CONCILIA TION IN ENGLAND, 29 

sliding scales by which the rate of wages has been auto- 
matically regulated ; and when, upon great and general 
questions, agreement has been found impossible, have 
referred their decision to one or more independent per- 
sons mutually agreed upon. And this system has lasted 
for long years, and has continued to work through good 
and bad times alike, and, though occasionally under cir- 
cumstances of a peculiarly trying nature, the decisions 
which have been come to have been loyally accepted. 

And this has been accomplished voluntarily, by the 
mutual agreement and mutual loyalty of employers and 
employed ; and without appeal to any law but that of 
honour. 

. . . The great majority of questions which come 
before a joint Board of employers and employed, or the 
Standing Committee of such Board, are settled by what 
is called conciliation — which is simply friendly discussion 
over the table — but very few matters being sent to arbi- 
tration. In a single year 629 disputes in the Durham coal 
trade were so settled. More than 3,000 have been peace- 
fully disposed of in the Northumberland coal trade in the 
sixteen years of its existence, and the Standing Commit- 
tee of the Finished Iron Trade of the North of England 
has, in twenty years, met 318 times and has amicably 
arranged more than 850 questions, whilst the Board itself 
has only met 109 times, and in but 18 instances has arbi- 
tration been resorted to. . . . 

It may be well that I should, at this point, describe, in 
rather more detail, exactly what a Joint Board of Concilia- 
tion and Arbitration is, and how it works. I shall take 
that for the manufactured iron trade of the North of 
England, which is a good example of such a Board. It 



30 INDUSTRIAL ARBITRATION AND CONCILIATION. 

has succeeded in developing and maintaining friendly re- 
lationship between employer and employed in a trade in 
which a hostile attitude largely prevailed, a trade which 
had undergone peculiarly rapid development, and into 
which there had been a large influx of labourers from 
Ireland as well as other parts of England, so that masters 
and men were strangers one to the other. This friendly 
relationship has stood the test alike of prosperity and of 
adversity, for, during the twenty years* existence of the 
Board, prices have touched the highest and lowest points 
recorded, and wages have been reduced to the smallest 
sura yet given. 

The Board is thoroughly representative in its character. 
It consists of one employer from each works in union 
with it, and one delegate who is annually chosen by bal- 
lot by the operatives at each works so in union with the 
Board. Each representative is deemed to be fully 
authorized to act for the works which has elected him, 
and the decision of a majority of the Board, or, in case of 
equality of votes, of its referee, is binding upon the em- 
ployers and operatives of all works which are represented 
upon it. As a matter of fact it is binding upon the 
whole trade, and must be so where the greater number of 
works in the trade are represented on the Board. 

At its first meeting in each year, a president and secre- 
tary are elected out of the representatives of the employ- 
ers, and a vice-president and a second secretary out of 
the representatives of the employed. The Board also 
appoints a referee, who presides when his presence is re- 
quired, two treasurers and two auditors. The employers 
nominate ten of their number, exclusive of the president, 
and the operatives five of their number, exclusive of the 



CONCILIATION IN ENGLAND. 3 1 

vice-president, to form the Standing Committee. Only- 
five of the employers' representatives can vote or take 
part in any discussion at any meeting of the Committee, 
the greater number which they are allowed being simply 
to meet the more frequent absence from home of those 
upon whom the management of works devolves. The 
president and vice-president are ex-officio members of all 
committees, but without the power of voting. The 
Board meets twice a year, but it can be convened at any 
time by the Standing Committee, which meets monthly, 
or more frequently if business should require it. 

All questions requiring investigation are referred, in 
the first instance, to the Standing Committee, and must 
be submitted to writing, and supplemented by such ver- 
bal evidence as the Committee may think needful. Be- 
fore any question is considered an agreement of submis- 
sion is signed by the employer and the operative delegate 
of the works affected, and if the Committee fail to agree 
the referee is called in. He has power to take the evi- 
dence of witnesses should he desire to do so. Seven 
clear days' notice of any question to be brought before 
the Committee or the Board must be given to the 
secretaries. 

I should mention that the Board has issued and circu- 
lated printed instructions which direct that any subscriber 
to it, who has a grievance, must first explain it to the 
operative representative of his works, and, if there seem 
to be good grounds of complaint, they must be laid 
before the foreman, works manager, or head of the con- 
cern. '' The complaint should be stated in a way that 
implies an expectation that it will be fairly and fully con- 
sidered, and that what is right will be done. In most 



32 INDUSTRIAL ARBITRATION AND CONCILIATION. 

cases this will lead to a settlement without the matter 
having to go further." 

The Standing Committee has power to settle all ques- 
tions, except a general rise or fall of wages, or the selec- 
tion of an arbritrator to fix such rise or fall. These 
points are reserved for the Board itself. In case it can 
arrive at no agreement upon them, a single arbitra- 
tor is appointed, and his decision, at or after a special 
court held for the purpose, is final and binding on the 
parties. The Board also considers and decides all 
questions which the Standing Committee may refer 
to it. 

When an arbitrator is appointed, the party making an 
application for a rise or fall in wages furnishes him with 
a printed statement of the grounds upon which it bases 
its claim, and the opposing party hands in a printed an- 
swer. It is desirable that these should be so full that 
each party may know the exact standpoint of the other, 
and understand what will have to be met at the hearing. 
There is sometimes a rejoinder from one or both parties, 
and, when the case is complete, the arbitrator proceeds 
to hold his court. The members of the Board attend, 
one being appointed to lead the argument on each side, 
but the opportunity being also given for full expression 
by every member who wishes to speak upon the matter. 
Either side may bring forward any evidence, or the arbi- 
trator may require evidence to be brought before him, and, 
when his award is arrived at, he prints it, and forwards 
a copy to each micmber of the Board. A shorthand note 
is taken of all the proceedings, and this is afterwards ex- 
tended and printed. Reporters for the press are allowed 
to be present at the hearing. 



CONCILIA TION IN ENGLAND, 33 

. . . Invariably there is a desire to avoid mere legal 
technicalities, but this does not prevent strict proof being 
required of statements of fact upon which the parties differ. 
In practice, and as a general rule, each side is anxious to 
furnish the other with all facts and figures which it in- 
tends to use, and as a result an agreement is arrived at 
which prevents the necessity of calling much evidence. 

The Board appoints an accountant of high position and 
great experience, by whom the books of the several firms 
connected with it are audited at the end of each two 
months, with the object of correctly ascertaining the net 
selling price of the iron actually invoiced and sold by 
these firms during the preceding two months. He issues 
a formal certificate of the average selling price for that 
period, and these ascertainments are held to be authorita- 
tive. He is, of course, pledged to secrecy. 

Perhaps the only other matter which needs explanation 
is the method of providing for the expenses of the Board, 
and the payment of its members. One penny per head 
per fortnight is deducted from the wages of each opera- 
tive earning half-a-crown per day and upwards, and each 
firm contributes a sum equal to the total sum deducted 
from its workmen. Each member of the Board or Stand- 
ing Committee is allowed los. for each meeting, and the 
sum thus obtained is divided equally between the repre- 
sentatives of the employed and those of the employers, 
and is distributed by each side in proportion to the 
attendances of each member. Second-class railway fare 
each way is allowed in addition, and necessary loss to 
night-shiftmen is made up to them. 

This, then, is a description of the way in which a 
Board has been formed and has worked for twenty years 



34 INDUSTRIAL ARBITRATION AND CONCILIATION, 

in the constant practice of industrial peace. But, if this 
be so, and if we can point to similar Boards in many dif- 
ferent industries, practising a similar peaceful method of 
settling industrial disputes, and with conspicuous success, 
how comes it that such methods are not more generally 
adopted ? What are the real or imaginary difficulties 
which stand in the way of the peaceable solution of labour 
questions? Why are not Joint Boards of Conciliation 
and Arbitration the rule instead of the exception ? 

Before I address myself to these questions, let me point 
out again that the peace principle, so far as arbitration is 
concerned, was long ago adopted in certain trades. 
There were one or two instances of Boards which aimed 
at the joint arrangement of prices and wages, even so 
early as 1853. Since that time the principle of arbitra- 
tion has been widely accepted, so widely indeed that 
there are few trades in which serious disputes have not 
been settled by references to disinterested persons, and 
there are probably no important and representative bodies, 
either of employers or employed, which have not, in one 
way or another, declared in its favour. In fact, the rules 
of most Trades-Unions make special provision for it. But 
arbitration is only one department of industrial peace, and 
the least important. It is the department of conciliation 
which is the most useful and valuable, and it is exactly in 
that department that so little progress has been made. 

The reasons, in my opinion, are not far to seek. That 
which I should place first is the prevalence of caste feel- 
ing upon both sides. Whilst fully acknowledging that, 
so far as its most objectionable features are concerned, 
this is disappearing, it is yet (perhaps unconsciously) all 



CONCILIATION IN ENGLAND, 35 

but universal, even where the best understanding prevails 
between employers and employed, even amongst the wise, 
honest, good, and earnest men upon both sides. 

Where this caste feeling has not been removed or modi- 
fied by experience, employers do not look upon those 
whom they employ as men with whom they can discuss 
upon equal terms labour questions affecting both ; and 
the employed look upon the employer as one who is not 
amenable to reason, who does not expect his decrees to 
be argued about. There is no mutual trust, no confi- 
dence or sympathy. There is suspicion of motives ; 
doubt on one side of the disinterestedness of any third 
party proposed by the other ; entire want of faith that 
any good could arise from meeting and talking matters 
over, for neither believes that it is possible to convince 
the other. 

This caste feeling will be killed out, partly by experience 
on the part of the employers, and partly by growth of 
education on the part of the employed. We must always 
remember that the factory system, the parent of so many 
trade troubles, has been little more than a century in 
existence, and Trades-Unions, without which Joint Boards 
can, perhaps, not exist, have only been fully legalized for 
the past fifteen years. During four-fifths of the existence 
of the factory system the law itself adopted the idea of 
the supremacy of the employer. The old domestic 
system of manufacture died out with the utilisation of the 
steam-engine. The patriarchal system as applied to 
labour died out with the growth of the great factories, 
but the masters practically retained for long years the 
power to combine and to regulate labour as they thought 
best, and to keep wages down, whilst the men were com- 



36 INDUSTRIAL ARBITRATION AND CONCILIATION. 

paratively powerless. Fifteen years is far too short a 
period to admit of the uprooting of the jealousy, the 
distrust, the heart-burnings on the one side, and the 
dominant feeling upon the other, which ninety years gave 
strength to. It is not surprising that there are masters 
who cling to the old relationship of superior and inferior, 
of master and servant, who have still the feeling that they 
are the benefactors of the men who give them the agreed 
amount of labour in exchange for the agreed amount of 
their coin. For that is, after all, the view generally enter- 
tained and sanctioned by no less an authority than Society 
itself, which regards men who get money in exchange for 
work as inferior, but men who get money for doing nothing 
as superior beings, ipso facto. And wherever the old feeling, 
the old feudal feeling, prevails amongst employers — wher- 
ever employers do not recognise that the relationship of 
master and servant has been exchanged for that of the 
purchaser and the seller of labour — the old doubting, 
antagonistic, warlike feeling will be found amongst the 
employed. 

So long as employers endeavour to insist that their 
views alone shall be considered in the regulation of labour, 
so long, in any case of difficulty, will war prevail. The 
men will believe that the masters would not advocate a 
peaceful solution unless they had some strong motive to 
do so, and unless it must result to their advantage, and 
both parties will be inclined to think that any peaceful 
decision which might be come to would only be observed 
if it were not convenient to either of them to disre- 
gard it. 

Again, the feeling to which I alluded arouses an un- 
willingness on the part of employers in any way to recog- 



CONCILIATION IN ENGLAND. 37 

nise Unions amongst the men, and the interference of 
*' outsiders " in their business affairs. This places a serious 
obstacle in the way of the peaceful settlement of labour 
disputes by a Joint Board of Conciliation and Arbitration, 
for such a Board can only exist in any trade if it repre- 
sents practically the whole of such trade in any special 
district, and such representation is most readily ensured 
where the employers and employed of the district each 
have strong and general associations. Before either party 
consents to join a Board it must be satisfied that the 
other is so truly representative that the decision of the 
Board will be authoritative, and will be practically recog- 
nised and obeyed by the trade of the district, for the 
ultimate sanction of arbitration and conciliation is strikes 
and locks-out. 

Then, again, the idea of furnishing information to 
others about their own business transactions has been a 
stumbling-block to some employers who have begun to 
think seriously about adopting industrial peace. Now, in 
order that any discussion of trade difficulties may be to 
profit there must be an equal knowledge on both sides of 
all necessary facts. It is not enough that the employers 
should make certain statements. The point of view of 
the buyer and seller is never the same. However anxious 
for the truth a man may be, ^' where self the wavering 
balance shakes, it 's rarely right adjusted." Even when 
such facts as can be are actually ascertained, and their 
accuracy guaranteed, the conclusions drawn from them 
often differ so widely that a third party must be called in to 
decide which view is the correct one. But not only have 
many employers the old feeling that they only have the 
right to be judge, and that questions of prices, wages, and 



38 INDUSTRIAL ARBITRATION AND CONCILIATION. 

SO forth are for them alone ; but each employer is, in 
relation to other employers, in the position of a com- 
petitor, and does not wish to disclose anything to those 
who may take advantage of it to his detriment. The 
very knowledge that there must be openness in the place 
of secrecy, the ignorance of how far this may go, the fear 
that it may militate against his interests, are barriers in 
the way of the formation of a Board, the undoubted 
merits of which seem to him to be paid for at too great a 
price. 

But this, in common with the other objections to Joint 
Boards, will vanish with full knowledge of their character, 
and with even a slight experience of their actual working. 
The books of an employer are neither disclosed to other 
employers nor to the employed. No evidence is given 
or asked for which mentions the profits which are being 
made. The books of each firm, which has given in its 
adherence to the Board, are periodically examined by a 
skilled accountant, who is pledged to absolute secrecy. 
At the close of his investigationshegives the result he has 
arrived at, the average selling price which has been ob- 
tained during the period examined. I have never heard 
any instance of an employer receiving the smallest injury 
from such investigation. 

I have already pointed out that, speaking generally, the 
decisions which have been come to by voluntary concilia- 
tion or arbitration have been loyally accepted and acted 
upon by both parties. In the history of Joint Boards, 
there are, indeed, cases recorded where this has not been 
so, but they have been the rare exceptions, and have not 
been upon one side only, and loyal acceptance has been 
the rule. I must put this point emphatically; for the 



CONCILIA TION IN ENGLAND. 39 

experience which I have had in several industries, but 
especially in that of which I have seen the most, the 
finished iron trade of the North of England, and that ex- 
clusively during an unsettled and trying period, has abun- 
dantly show^n me that awards, come to after patient hearing 
and careful consideration, are received with a loyalty and 
appreciation which are not only satisfactory and surpris- 
ing, but which also give, to the person called upon to 
decide, confidence and encouragement in the performance 
of a delicate, difficult, and often painful duty. 

And not only so, but the fact of sitting round the same 
table and listening to each other's arguments ; the endeav- 
our to see each other's standpoint and to understand each 
other's reasons ; the learning to give as well as to take ; to 
bear and forbear ; to hold your own opinion firmly and to 
express it moderately, whilst keeping your mind open 
to conviction ; the desire to come to a sound and fair con- 
clusion ; these things are valuable in promoting mutual 
good-feeling, confidence, and sympathy, which evidence 
themselves in many ways outside of the sphere in w^hich 
they have been acquired, and they tend to lessen the caste 
feeling to which I have alluded, and which is not one of 
the most wholesome features of our English life. This 
friendly meeting is the best feature of voluntary concilia- 
tion, and is the grand distinction between it and concilia- 
tion under the law. 

I think, then, that the best way to secure the peace- 
ful solution of labour disputes is to promote the formation 
of Joint Boards of Conciliation and Arbitration in all 
branches of industry, and, in order that such Boards may 
be readily formed with the greatest chance of success, to 
encourage combinations both of employers and employed. 



40 INDUSTRIAL ARBITRA TION AND CONCILIA TION. 

I believe that there will be an increasing tendency, as such 
Boards continue to perform their peaceful mission, for the 
Unions to become allies, instead of competitors, to the 
great benefit of both classes, and of the community of 
which they form so important a part. . . . 



I 



CHAPTER VI. 

CONCILIATION IN BELGIUM. 

THE COLLIERY OF BASCOUP. 

I 876-1 893. 

MAINLY TRANSLATED FROM THE FRENCH OF Mr. JULIEN WEILER. 

In the Province of Hainault, in Belgium, a coal-pro- 
ducing country, there are two mines, Mariemont and 
Bascoup, belonging to the same Company, the history of 
which during the past eighteen years is one to cheer the 
heart of every lover of mankind, for every act of the 
Management in relation to their workmen during that 
period seems to have been actuated by the most exalted 
sense of justice. 

The account of the several forms in which this spirit 
has manifested itself is best given in the words of Mr. 
Julien Weiler, who, himself the leader and inspirer of all, 
has been well seconded both by his superiors and sub- 
ordinates in the Management. 

Mr. Weiler has been for many years at the head of the 
mechanical department of both mines, and from time to 
time he has written and published statements concern- 
ing the relations of the Management to the miners and 
other workmen employed. The first of these publica- 
tions is a letter addressed by Mr. Weiler on December 

41 



42 INDUSTRIAL ARBITRATION AND CONCILIATION, 

23, 1880, to Mr. Frederic Passy, published in the Journal 
des Economistes, I shall give only extracts from this 
letter. 

'' The question of arbitration, or rather of the relation 
between employers and workmen, is in this country, as in 
yours, one which demands immediate solution. It is 
already ten years since workingmen on strike began to 
ask for arbitrators between themselves and their em- 
ployers, but this demand, which was repeated at the last 
strike at Borinage, was, and still is, met by the most com- 
plete contempt. 

^^ In 187s and 1876 we had, in the collieries of Marie- 
mont, a strike of some duration which surprised us a 
good deal, both because we had never had one before, 
.and because the object of the strike was not clearly de- 
fined. . . . ' We thought our workmen well satisfied ; 
they had been very well treated for fifty years by the 
family of Warocque, principal owners of the mines, and 
were distinguished from the working people of the neigh- 
boring mines by their moral and physical well-being. 
. . . It was at this time that our Superintendent re- 
quested me to study what had been done by the English 
under the same circumstances, and I received from Mr. 
Mundella, member of Parliament, certain papers, which 
impressed me very much. They led me to recognize 
the great danger arising from the more and more com- 
plete separation in the great industries of the employers 
and their representatives from their workmen, there being 
seldom any mutual intercourse except through the medi- 
ation of agents, who are not only irresponsible, but often 
even interested in keeping up the abuses complained of. 
. . . A little later, Mr. Crompton's book (on IndiiS' 



CONCILIATION IN BELGIUM, 43 

trial Co}iciliatio7i) was published. I did not translate it 
at once, but I decided to apply the principle of concilia- 
tion. I organized in a part of the service under my 
charge (the construction workshops, employing about two 
hundred men), regular meetings between the workmen 
and the ofificers of the company, where all incidents occur- 
ring in the shops were to be discussed in common. Each 
trade (there are not less than nine) has its own Committee, 
composed of six workmen and six ofificers or foremen, the 
same ofificers acting on several committees. Each group 
sends a delegate to a Central Committee, which deals 
with questions of general interest. 

^' The beginning was not encouraging ... I received 
during the first year only expressions of distrust from the 
workmen and of want of faith from the foremen, with 
but few exceptions. The workmen especially seemed 
determined not to try the system. They saw in it, as 
they have since told me, only a trap, a device to bring 
about a decrease of wages. 

'' There was, undoubtedly, in the first plan, which was 
different from that described above, a flaw, which the 
careful re-reading of Mr. Crompton's book showed me. 
The meetings were not informal enough ; the workmen 
did not feel at ease. ... I modified the first plan 
and I was fortunate enough this time to happen on one 
which no longer had to contend with the shyness of the 
workmen. The least distrustful decided, consequently, 
to make a clean breast of it, and I learned of a quantity 
of grievances, more or less important, which I had 
known nothing of, because the subordinate ofificers did 
not think it worth while to pass on the complaints of the 
men to their superiors, and which had never been cor- 



44 INDUSTRIAL ARBITRATION AND CONCILIATION. 

rected, because the means of their removal were not at 
their command. Almost all these grievances have since 
been corrected without any injury to the interests of the 
collieries, but the reverse. 

^* The third year was noted for the peaceful progress of 
the works and the absence of complaints, the year before 
having settled all the troubles which had been accumu- 
lating for a long time. It was therefore possible for us to 
undertake more serious questions, and we accomplished 
some very important results, among which were the 
following : 

'' I. The abolition of fines, not one having been imposed 
since February, 1877, although never, as the foremen all 
agree, have the rules been better carried out. These rules, 
by the way, have been revised by the Central Committee. 

'^ 2. The adoption of piece-work ' under conditions 
which seemed to render it impracticable. 

'^ 3. The decrease of the cost of production, together 
with a decided increase of wages, which have risen twenty 
per cent., while the cost has decreased still more. 

''On the 1st of January, 1880, I extended the system to 
another part of my service — the machinists and firemen, 
about 250 men. I had expected here also, as the first 
difficulty, a fixed distrust ; but I found, on the contrary, 
the utmost readiness on the part of the workmen to 
respond. The fact was that the experiment which they 
had watched in the shops for three years, had shown them 
the advantages of the plan. 

^ "... I believe that piece-work, if accompanied by a guaranty to the work- 
men of the maintenance of wages at a rate agreed upon, and a guaranty to 
the employer of the excellence of the work, may contain a complete solu- 
tion of the problem of a fair division of the results of production." 



CONCILIATION IN BELGIUM. 45 

** We have now reached the close of the fourth year, 
and on both sides all has gone well. The foremen, as 
well as the workmen, seem to me to be cordially attached 
to the system from which they have obtained so many 
good results, and I think it would be difficult to stop our 
meetings. 

' ** The direct results which I have enumerated above are 
'not the only ones which the mutual good understanding 
has brought about. The workmen, who are gradually 
coming to see the falsehood of the idea so deeply rooted 
among them, * That we seek their injury because it is our 
profit^' have accepted our suggestions to form Mutual 
Benefit Societies, Saving Societies, etc. They subscribe 
to our public lectures, they have helped us to found 
libraries, and have been eager to attend the courses in 
' Industrial Economy,' which I have established especially 
for them. 

'' The great desideratum now is that this movement 
should be extended to include the miners, who number at 
Mariemont and Bascoup more than 5,000 men. 

'' But the great obstacle which the ideas of MM. Mun- 
della and Crompton meet with in Belgium is the want of 
organization among our workingmen. Our employers have 
always opposed and still oppose all attempts to form 
Trades-Unions." ^ 

In June, 1888, Mr. Weiler read a short paper to the 
members of the ^' Societe Beige d'Economie Sociale " en- 
titled '^L'Esprit des Institutions Ouvrieres de Marie- 
mont," in which, after describing a number of most useful 

^ Mr. Weiler does not here refer to the Management of the collieries of 
Mariemont and Bascoup, which has, on the contrary, encouraged organiza- 
tion among their men. 



46 INDUSTRIAL ARBITRATION AND CONCILIATION, 

institutions maintained in part by the workingmen and in 
part by the Company, he proceeds : 

'^ There remain only the institutions concerned with the 
system of work in our shops. Recognizing how weak 
the isolated workman is as regards his employer, . 
we have sought to create more equitable conditions by 
forming our mechanics into professional groups, with which 
we make contracts for a given time. 

'' We have also given to the workmen an interest in the 
saving of the general cost of production ; in oil, coal, gas, 
tools, even in material saved ; and we and they have reaped 
a very decided advantage. But the direct saving of 
money is not the only benefit which 'the workmen,* and 
the Company as well, have received — there is another, 
which we think more important and which we call the 
moral profit, 

"' As you will eslsily see, a system which fosters in the 
workman the best qualities of manhood, the spirit of order, 
of honesty in carrying out his contracts, the sentiment of 
justice, cannot fail to produce a very marked moral effect, 
and its influence will show itself outside the shops. It is 
not to be questioned, and indeed I know it to be a fact, 
that a machinist who has been taking pains to save a few 
pints of oil, or a few pounds of coal, will not allow waste 
in his own house, and he thus becomes the educator of his 
own wife and children. I will not enlarge on this point, 
as it seems to be self-evident. 

'' But notwithstanding all efforts in systematizing work, 
disagreements may occur between workmen and foremen, 
and these cannot be adjusted except by the closest rela- 
tions between the contracting parties. Our ' Chambres 
d'Explications ' are intended to meet this want — they have 
been in operation twelve years to the complete satisfaction 



CONCILIA TION IN BELGIUM, 4/ 

of both parties. Every workman is assured access to the 
superior officers of the company to explain his grievance, 
whatever it may be. 

''Our ' Chambres d'Explications ' are not courts ; they 
are, as the name shows, meetings where explanations are 
made. They exist only in the Mechanical Division. But 
another and more important institution has within the 
past six months been established for the whole colliery ; 
that is the Board of Conciliation and Arbitration, . . . com- 
posed half of working-men and half of officers of the com- 
pany, and to which the Management has voluntarily 
relinquished a part of its prerogatives, which nothing could 
have forced it to surrender. Notably it has given the 
Board the right to decide in case of any question as to 
wages. 

'* Our two Boards of Conciliation and Arbitration (we 
have one for Mariemont and one for Bascoup) have already 
had to decide important questions." 



The reports of the Board of Conciliation for the colliery 
of Bascoup for the years 1889, 1890, and 1891 are inter- 
esting reading, and show the number and character of the 
questions presented for settlement at the monthly meet- 
ings. In 1890, for instance, there were 39 ''general ques- 
tions, bearing upon the interests of more than one group 
of workmen"; 15 "special questions, relating to one 
group or to one shop," and 3 "individual questions." In 
1891, there were 33 "general questions" considered and 
decided, 12 " special questions," and 2 " individual ques- 
tions." These questions, it is to be understood, so far as 
they related to the shops, had to be first submitted to the 
"Chambres d'Explications," and to fail of adjustment 



48 INDUSTRIAL ARBITRATION AND CONCILIATION, 

there, before they could be presented to the Board of 
ConciHation and Arbitration for final decision. 

At the fifth session of the Board for the year 1891, on 
the 20th of April, the following entry appears in the 
minutes : 

^' The Board listened to the following communication 
from the workman Vice-President : ' He foresees that the 
workingmen may be forced to declare. a general strike in 
support of their demand for a revision of the Constitution. 
The workmen of Bascoup will be obliged in that case to 
join the general movement, and he desires to declare in 
their name that such action would be purely political, 
since they have no sort of grievance against the Manage- 
ment of the mines. He hopes, if the strike should take 
place, that it would not affect the Board of Conciliation, 
and that the relations now subsisting between the Man- 
agement and the workmen would not suffer.* 

^^ The meeting unanimously instructed the President, in 
case a strike were declared, to communicate at once with 
the Vice-President, and that they should together decide 
whether a special session of the Board should be called." 

The minutes of the session of the ist of June, 1891, 
have the following entry : '' A letter was read from the 
President, expressing his regret at being unable, owing 
to illness, to take part in the meeting. He wished to 
take the opportunity to express his opinion of the con- 
duct of the men during the political strike, which had 
taken place without the suspension of work in the mines 
of Bascoup. He presents his thanks to them, and closes 
by saying that by their attitude they have done a service 
to the working class, and have ensured themselves 
sympathy in any subsequent demands/* 



CONCILIATION IN BELGIUM, 49 

In the issue of December 29, 1892, of the Journal de 
Charleroiy appeared the following account of the funeral 
services of Joseph Dandois, a miner in the colliery of 
Bascoup, and Vice-President of the Board of Conciliation 
and Arbitration for that colliery : 

'' On Monday took place the civil funeral of our friend, 
Joseph Dandois, of Gouy-lez-Pieton, who died so unfor- 
tunately in an accident in the pit of Trazegnies in the 
colliery of Bascoup. Formerly member of the Interna- 
tional, founder of the Free-Thinkers, member of the 
Labor Party, Vice-President of the Board of Concihation 
and Arbitration, he had a great intellect as well as a great 
heart which drew all men to him. Never has such a 
concourse been seen at the funeral of a coal-miner. The 
trains from Charleroi and the Centre poured out their 
crowds and the roads were blocked. In the little house 
where the remains were laid, the stream of visitors began 
at noon, and was broken off only at 3 o'clock, in order 
not to delay the services. 

*^ An address was given before the house by Mr. Georges 
Warocque as follows : 

^' ' In the name of the Management of the Coal Com- 
pany of Bascoup, I am come to express our sorrow at 
the loss of the true and honest man whom we are carrying 
to his last home. 

'' ' Five years ago, not without some reasonable doubts, 
we decided to establish a Board of Conciliation and Ar- 
bitration. We were persuaded that, for the most part, 
trouble between workmen and employers is due to mutual 
misunderstanding ; that such misunderstanding could be 
cleared up by systematic relations between the two 
parties ; that, coming to know each other better, they 



50 INDUSTRIAL ARBITRATION AND CONCILIATION, 

would learn to respect each other, and that thus the 
suspicion which existed between them would be dis- 
placed by mutual trust, the results of which would be 
happy and far-reaching. We knew, however, that the 
results of our action depended on the character of the 
representatives chosen by the workmen. Their choice 
was most fortunate. 

'''At the first election, Joseph Dandois was named dele- 
gate by the workmen of Pit No. 5 and the delegates chose 
him as their representative. Then the Board of Concilia- 
tion named him their Vice-President, that is, President of 
the workingmen's representatives. He fulfilled the duties 
of this office from the establishment of the Board until 
his death, and in a manner to justify fully the confidence 
that had been placed in him. 

" ' If he deserved well of those whose delegate he was, the 
Management of the colliery desires to testify also to the 
sense of justice, to the exalted judgment, which he showed 
in dealing with the difficult questions which the Board 
has had to consider. Of an ardent and sensitive nature, 
Dandois brought to the defence of the interests confided 
to him such exceptional intelligence, such energy, such 
devotion and unselfishness as won for him the respect of 
all. 

" ' And if sometimes, carried away by his temperament, 
he was a little too impetuous in advocating the demands 
of those he represented, yet he recognized with perfect 
good faith, the difficulties, the perplexities, the dangers 
with which the proposed measures might be attended. It 
has seldom been given to a man in so humble a position 
in life to receive such sincere and universal tributes of 
respect and it will be a supreme consolation for his family. 



CONCILIATION IN BELGIUM, 5 I 

'' ' Adieu, Dandois — You leave the most precious inheri- 
tance, the esteem and respect which your name has won ; 
your young son will not be deserted ; the sympathy and 
help of all those who have known you are his. ... * 

'' At the cemetery, .eight addresses were given. . . . 
Mr. Julien Weiler spoke as follows: 

'' ' It is in the name of the Board of Conciliation and 
Arbitration of Bascoup, that I have come to add my voice 
to those which have already deplored the great misfortune 
which throws the whole community into mourning. Mr. 
Guinotte, President of the Board, detained to his great 
regret in Brussels, has charged me to render this last 
tribute to the memory of our esteemed colleague. 

" * The dangerous calling of the miner has taught us to 
dread the most cruel blows, but seldom has death selected 
a victim with such deplorable skill, seldom has the sorrow 
which the death of a strongman cut off in his prime must 
cause, been more deeply felt. 

'' ' Others have spoken and will speak of Dandois as 
workman, as head of a famil}^, as citizen, active in so 
many ways for the public good ; I shall speak only of 
the great part he played in the work of the Board he 
loved so much, because he saw in it the hope of indus- 
trial peace, which is essential to the welfare of his fellow 
workmen. 

'^ ' Joseph Dandois, President of the workingmen's 
representatives in the Board of Conciliation and Arbitra- 
tion of the colliery of Bascoup, was a man well fitted for 
the delicate and difficult duties of that office. 

" * Intelligent, well-prepared, energetic and upright, he 
inspired respect in his adversaries and confidence in his 
friends. Ardent in the pursuit of what he believed to be 



52 INDUSTRIAL ARBITRATION AND CONCILIATION, 

justice, he yet had that uncommon power of weighing 
the facts of a case without which it is impossible to ac- 
complish anything by industrial conciliation. 

'' ' For five years we have seen him at work, placed some- 
times in very difficult situations, where he was severely 
tried, as every man must be who resolutely follows where 
his conscience leads. 

'' ' He was a man. 

*^ ' I have sometimes seen him sad and indignant, when 
in his contests with injustice he feared that it might con- 
quer, but I have never seen him quail, and I have never 
seen him desert that dignified and noble attitude which 
was the distinguishing trait of his character. 

^^ 'Ah ! his colleagues may well mourn his loss ! Never 
— I love to pay this tribute to him — never will his fellow 
workmen find a representative more true, more ready to 
sink his own interests for the good of the majority. And 
never will the Management have to do with a man more 
to be trusted or with a more loyal interpreter of their 
real meaning. 

"' ' Poor Dandois ! It is scarcely a week since, as I 
consulted with him about the approaching anniversary 
of the Board of Conciliation, I saw his face glow with the 
thought that we were to celebrate with fitting solemnity 
the completion of the fifth year of the institution which 
he so jealously defended against all attacks. Despite his 
usual self-control and reserve, he could not restrain an ex- 
clamation of joy at the thought of this celebration which 
w^ould have been a slight reward for five years of zeal the 
most constant and co\irageous. 

'* ' And now w^e stand at his grave. Pitiless death has 
slain him on the field of honor. 



CONCILIATION IN BELGIUM. 53 

'* ' Adieu, then, true and loyal colleague. We shall 
gather without you the harvest we have worked for to- 
gether ; we shall enjoy without you the happiness which 
comes from duty done ; but your memory will remain with 
us, and when we recall your true and sympathizing face, 
we shall recognize the part that belongs to you in the re- 
sults of our common efforts, and shall praise you for the 
great example you leave to your successors/ " 



CHAPTER VII. 

CONCILIATION IN BELGIUM (CONTINUED). 

THE COLLIERY OF MARIEMONT. 

1888-I893. 

A REPORT was published in 1892 which gives a resumd 
of the proceedings of the Board of Conciliation and Arbi- 
tration for the colliery of Mariemont (under the same 
Management as that of Bascoup) during the years 1888, 
1889, 1890, and 1 89 1, that is for the first four years of its 
existence. Sample extracts from this report will give a 
very good idea, both, of the variety of subjects brought 
before the Board, and of the manner in which they are 
discussed and disposed of. 

On the 2d of January, 1888, at the 1st session, ^^ the 
Board adopted its constitution, verified the credentials 
of its members, discussed and adopted without important 
modification the rules drawn up by the Management, 
proceeded to the nomination of Presidents and Secre- 
taries," etc., etc. 

At this session the workmen, by one of their representa- 
tives, expressed much gratification at the establishment of 
a Board of Conciliation and Arbitration, from which they 
expected the happiest results, and they returned their 
warm thanks to the Management. 

At the 4th session, on April 9th, among other things, 

54 



CONCILIATION IN BELGIUM, 55 

the Board " decided that payment to individual workmen 
should be tried, and if the results were satisfactory, it 
should be adopted in place of payment to groups. (It 
may be mentioned that the attempt seems to have been a 
success.)" 

At the session on May 14, 1888, after other business of 
various kinds had been disposed of, '' the meeting decided 
,that the protests against certain fines which had been 
imposed, should be considered at a future session, after 
more thorough inquiry. . . . The workmen asked if 
the time had not arrived for a general increase of wages ; 
the newspapers having announced an improvement in 
business, the workmen wished to share the profits with 
the Company. The President explained to them that the 
improvement did not affect the coal produced at Marie- 
mont, but he promised in the event of a change for the 
better that the workmen should be the first to gain by 
it, as their wages would be at once increased." 

At the 8th session on August 3, 1888, "the Board 
considered a protest of the workmen at the pit of St. 
Arthur against a fine for leaving the pit in too great haste, 
and, finding extenuating circumstances, decided to remit 
one half the fine." 

At the loth session of 1888, on the 19th of Novem- 
ber, after other business, " a general demand for an in- 
crease of wages " was made. Mr. Guinotte, the President, 
said that, '' although the conditions had not yet changed, 
he hoped for a rise in prices and the Management 
had permitted him to discount the rise, and to grant a 
general increase of five per cent. This good news was 
received with much pleasure by the representatives of the 
workmen, who warmly returned their thanks." 



56 INDUSTRIAL ARBITKATJOX AND CONCILIATION. 

The nth session was held on the loth of December, 
1888. " In the interval, however, a strike had taken place 
and the 7th Article of the Agreement had been broken. 

'' Mr. Guinotte invited the representatives of the work- 
men to explain their attitude during the strike, so that it 
might be known if each one had done his duty. 

'^The representatives of the workmen informed the 
Board of their conscientious efforts to prevent the stop- 
ping of work; the workmen would not listen to them, 
however, but had regarded them with suspicion. 

^^ After this explanation, the President summed up the 
matter by saying that it seemed to him clear that the 
comparative failure of the representatives of the workmen 
was due to the difficulty of their position, which might be 
attributed both to the ignorance of the mass of the work- 
men and to the want of influence of their representatives 
with them. He concluded that it was necessary to in- 
crease this influence, perhaps by forming trade unions, 
perhaps by some other form of organization, and he in- 
vited the members of the Board to consider the matter 
with great care. 

'' The Board recognized the necessity of deferring the 
election of representatives to the Board to allow time for 
the excitement to abate." 

At the 2d session of 1889, '' the Vice-President asked 
in the name of the workmen that fines should be discon- 
tinued, saying that many large concerns had succeeded in 
doing away with them, and he thought it could be done 
equally well at Mariemont. 

^^ Mr. Guinotte promised that the matter should be con- 
sidered, but as order must be maintained meantime, he 
invited the workmen to consider the rules. The subject 



CONCILIATION IN BELGIUM. 57 

was considered, and the rules adopted with some sHght 
modifications. The clause fixing the fines for absence 
provoked much discussion, but was nevertheless adopted." 

At the 6th session of 1889, on October loth, ''the 
Vice-President stated that, in view of a threatened strike, 
he had asked for a Special session of the Board, to lay 
before it again the demand for an increase of wages, a 
demand justified, in the opinion of the workmen, by the 
increase in the selling price of coal. Mr. Guinotte said 
that it was true that certain coUeries had increased wages, 
but it was those which sold coke ; for Mariemont it would 
be impossible without a rise in prices. At the request of 
the workmen he would present their demand to the Man- 
agement, but he could not support it, as under the cir- 
cumstances it would be a betrayal of the interests of the 
stockholders, which it was his duty to protect. The 
representatives of the workmen did not conceal the 
anxiety which this refusal caused them.'' 

On the 29th of October at the 7th session, '' Mr. Guinotte 
announced a rise of price after Nov. ist, and as he hoped 
this measure would not cause a falling off in the sales, he 
had the pleasure of declaring an increase of 5 ^ in wages, 
beginning with November. If the sales permitted, a 
second rise would be made in December, and a corre- 
sponding increase in wages, as the Management had 
granted the demand of the workmen for an increase 
of wages in proportion to the price of coal up to the 
limit of 20 %, 

'' The representatives said they would communicate 
the decision to the workmen, but they were not sure how 
it would be received, as the men had expected a larger 
increase." 



58 INDUSTRIAL ARBITRATION AND CONCILIATION. 

On the 29th of November the 8th session of 1889 was 
held. Work had been stopped from the 4th to the nth 
of November, the workmen having demanded that the 
increase of wages should be \o% and that afterwards it 
should be proportional to the selling price up to 20%, 
'^ Mr. Guinotte had answered them . . . and thought 
there had been a misunderstanding. He had been much 
pained at the stopping of work, which had showed that 
the men were not ready for such an institution as the 
Board of Conciliation. 

" The Vice-President said that he had done his best to 
make the men listen to reason. Mr. Guinotte gave credit 
to the representatives of the men, who had resolutely 
opposed suspension of work. Two of the representatives 
stated that they had sent in their resignations, because 
they disapproved of the strike, which had taken place in 
spite of all their efforts." 

At the 3d session of 1890, '^ the President stated that 
the workmen were not keeping their engagement in regard 
to the output, which had diminished considerably. In 
order to keep up wages, it would be necessary for the 
workmen to exert themselves to improve matters." 

At the 4th session, on the 19th of May, after the regular 
business had been disposed of, '' a discussion occurred 
between the representatives of the Company and those 
of the workmen, upon the diminution of the output." 

At the close of the 8th session of 1890, on October 
2/th, " the Board considered a claim of a group at the 
pit of St. Arthur, whose wages had been very small 
during one fortnight, and it being proved that this was 
due in part to the men themselves, the compensation 
allowed them amounted only to one half of their loss." 



CONCILIA TIOM IN BELGIUM. 59 

The loth session of 1890 was held on November 17th. 
Among other business the President called the attention 
of the Board to a certain rule in force at the Bascoup 
Colliery which was more favorable to the workmen than 
the corresponding rule at Mariemont, and proposed that 
it be adopted. '' A copy of the rule was ordered to be sent 
to the members of the Board, who were requested to study 
it before the next meeting." 

At that meeting (on December 15, 1890) the rule was 
adopted, and an increase of wages was also given, the 
second in 1890. 

At the 2d session of the Board of 1891, on the 28th 
of February, the Vice-President said that " in case the 
Belgian workingmen should feel obliged to make a general 
strike to support their demand for a revision of the Con- 
stitution, the men of Mariemont would have to join the 
movement, but he begged the Management to regard it 
merely as a political demonstration ; he hoped that the 
Board of Conciliation would not suffer and that the good 
relations between the Company and the men would not 
be changed." 

At the 4th session, on April 20th, the question of 
stopping work on May ist (Labor Day) was considered, 
and the President stated that " the Management did not 
intend to take any stand on the question, but would con- 
sent, as it did last year, not to impose any fine for absence 
upon such workmen as gave notice to their foremen that 
they should not report for work that day." 

Among other matters presented was a complaint from 
several pits that the lamp oil was poor and the Manage- 
ment promised to make an examination. 

At the 5th session of 1891, held on June 15th, ''Mr. 



6o INDUSTRIAL ARBITRATION AND CONCILIATION, 

Guinotte thought it necessary to address the workmen's 
representatives upon the subject of the late suspension of 
work. They had notified the Board that, should the strike 
become general, the workmen of "Mariemont would join 
it, but the strike was not general, not having extended 
beyond the collieries, while some of these even had not 
joined it. Under these circumstances the Management 
could not but regret that the workmen of Mariemont 
should have felt obliged to join in the movement ; they 
were not seriously blamed, however, and no action would 
be taken since it was purely a political movement. 

** The Vice-President explained that, after the strike, 
some men formerly employed in the morning were put to 
work in the afternoon, and they considered this as an un- 
derhand method of punishing them. Mr. Guinotte then 
read a report of the inquiry instituted concerning a com- 
plaint to the same effect made directly to the Manage- 
ment — the explanation being that when the men returned 
to work, the morning hours were filled first and conse- 
quently those who came in later were put to work in the 
afternoon. This explanation was satisfactory to the 
workmen, who asked, however, that as soon as possible 
certain individuals should be given other places, be- 
cause of the inconvenience caused to the workingmen's 
associations to which they belonged, by their hours of 
work. The Management promised to favor any arrange- 
ment which, without disorganizing the service, would suit 
the workmen.** 

At this meeting also, among other matters, " the com- 
plaint of a workman that his son had not received a place 
to which he had a right, was declared without foundation.** 

In the minutes of the 7th session of 1891, after the 



CONCILIATION- IN BELGIUM. 6 1 

record of much business transacted, the following entries 
appear under the head of miscellaneous business : 

*'At the request of the workmen, inquiry will be made 
as to a means of avoiding the danger of the transporting 
of powder by workmen. 

'' A clock will be placed at La Reunion. 

'' Inquiry will be made as to hours of leaving the pit at 
• Ste. Henriette. 

*' At St. Arthur the number of engineers will be doubled 
between midnight and two o'clock, as at present during 
the rest of the time when men are coming up from the 
pits. 

At the 8th session of 1891, on the 19th of October: 

'^ Mr. Guinotte explained to the meeting how inoppor- 
tune was the demand of the men of the Placard ; he re- 
called the agreement as to wages, and showed by a diagram 
that the share of the workmen had for a long time been 
higher than had been agreed, and he asked the workmen 
to verify his statements for themselves. The president of 
the workmen's representatives said that he had expected 
the refusal, as he had already satisfied himself of the situ- 
ation of affairs by examining the diagram, which seemed 
to him entirely correct, and that he only brought the mat- 
ter before the meeting, because it was too late to obtain 
the consent of the originators to withdraw it. 

'* The representative of the Placard men explained the 
matter, which proved to be not a general demand for an 
increase of wages, but only a claim of certain groups who 
had had adverse conditions to work under ; the Board then 
decided that the claim must take the usual course, that is, 
go before the Chambre d'Explications, and then, if there 
is reason, to the Board of Conciliation." 



62 IND USTRIAL ARBITRA TION AND CONCILIA TION. 

At the 9th session of 1891, Nov. 23d : ^^ An increase of 
10 centimes was granted to certain workmen of the 
Rivage, whose claim had been presented at the close of 
the last session. The representative of these men returned 
their thanks and then called the attention of the Man- 
agement to the suffering that would follow for them should 
the river be closed by ice, as had happened the year be- 
fore. The Management promised to try to give other 
work to the most needy, in case this should happen. 

'' A representative of the workmen having stated that 
certain other companies grant larger benefits to their 
workmen than the colliery of Mariemont, the Manage- 
ment explained that such Companies having the entire 
control of the Benefit Societies, without any fixed rules, 
it might be that in certain cases they did more than was 
done at Mariemont, where all transactions were according 
to rules established by the Constitution of the Benefit 
Society, under the management of the workmen 
themselves.'' 

It seems scarcely necessary to point out that the ex- 
tracts given above from the minutes of the Board of Con- 
ciliation (which, in full, cover 25 printed pages) show a 
sincere desire on the part of the Management of the Min- 
ing Company to deal justly by the working-men in its 
employ. Even where the men have by unreasonable de- 
mands or even by unreasonable action given the Man- 
agement an opportunity to take advantage of them, the 
only motive to be discovered on the part of the represen- 
tatives of the Management is the desire to deal justly and 
to bring the men back, by argument and explanation, to 
the right course. 

There is no trace of the natural irritation which might 



CONCILIATION IN BELGIUM. 63 

be expected on the part of more intelligent men in au- 
thority at unreasonable conduct on the part of ignorant 
men placed under their control ; absolute justice and 
generosity and a sincere desire to do right and to persuade 
the men to do right, are the only feelings to be discerned. 



In a private letter, dated January i, 1893, Mr. Weiler 
writes in regard to the miners of the collieries of Bascoup 
and Mariemont : 

" I am happy to say that our working-people continue 
to show the most admirable spirit, although they are 
being subjected to a very severe trial. Wages have 
fallen 25 per cent, and, as the men are also laid off one 
day every week, their income is reduced 37|- per cent. 
The reduction is the same in the neighboring collieries, 
and yet all is quiet. This only shows the patience of 
these poor miners, who are sometimes accused of making 
unlimited demands ^ 



CHAPTER VIII. 

CONCILIATION BETWEEN MASON BUILDERS AND BRICK- 
LAYERS' UNIONS IN NEW YORK CITY. 

1885-1893. 

The long strike in the summer of 1884 of the Brick- 
layers' Unions of New York for a working day of nine 
hours is a memorable epoch in the history of both em- 
ployers and employees throughout the United States, for 
it inaugurated a movement which has already been a bless- 
ing to hundreds of thousands, and which must go on with 
ever increasing good results. 

The Master Masons and Carpenter Builders of the City 
had already in the winter of 1884 talked of forming an 
Association among themselves, but very little had been 
accomplished, and the movement might perhaps have 
come to nothing except for the occurrence of the strike 
which forced the Master Masons into a Union to make a 
stand against the Bricklayers' Unions. 

The first two sections of the Constitution of this Asso- 
ciation read as follows. 



Section i. This organization shall be known as the *' Mason Builders' 
Association of the City of New York." 

64 



MASON BUILDERS AND BRICKLAYERS' UNIONS. 65 

OBJECT. 

Section 2. The objects of this Association shall be : 

First — To further the interest of Mason Builders, and, in conjunction with 
other organizations now existing (or to be formed) promote the interest of 
the building trade in general. 

Second— To adopt such measures for the better protection of employers 

and employees as shall lead to the promotion of harmony between all 

^ parties engaged with us in business, to arbitrate all differences and so avoid 

the great evil of strikes, which unsettle our business and drive capital into 

other channels for investment. 

Third — To demonstrate to our employees that our interests are identical, 
consequently all laws affecting the building interest must be considered 
jointly if they are to operate for the benefit of all. 

-Beginning in this spirit, with a recognition of the rights 
of their employees and the assertion of their own, the 
Mason Builders* Association entered upon its corporate 
existence, and has been signalized by the same spirit of 
justice in all its official actions. 

The strike of the Bricklayers in the summer of 1884 
lasted nearly three months, and its consequences con- 
tinued to be felt after it was nominally ended. On Janu- 
ary 12, 1885, the Executive Committee of the Mason 
Builders' Association recommended that a Committee on 
Conference be appointed ^^with a view to the adjustment 
of the differences which now exist, or may arise, between 
the members of this Association and the Labor Unions." 
In accordance with this recommendation the Association 
appointed '' the Executive Committee itself to confer 
with the Labor Unions and settle all disputes." 

On April 9, 1885, the Executive Committee reported 
two conferences with delegates representing all the Brick- 
layers' Unions of the City, which had resulted in the 
following propositions : 



66 INDUSTRIAL ARBITRATION AND CONCILIATION, 

'' I. Wages to be paid by the hour. 

"- 2. The formation of a Joint Conference or Arbitration 
Committee. 

"' 3. Rules for apprentices/' 

The Executive Committee also submitted the copy of 
a long letter addressed by them to the Bricklayers' 
Unions, the closing sentence of which reads as follows : 
'' We fervently hope that we will be able to arrive at a 
conclusion, admitting that all laws governing our trade 
must be established by joint legislation between the 
Unions and the Emxployers.'' 

On April 21st, the Executive Committee submitted an 
agreement entered into with the representatives of the 
Unions, which was ratified by the Association of Mason 
Builders. This was also ratified by the Bricklayers' 
Unions and the following circular, embodying the agree- 
ment, was then addressed to the trade. 

NOTICE. 

According to agreement, the Joint Arbitration Committee of the Master 
Builders' Association, and the Bricklayers' Unions of New York City, will 
meet every Wednesday evening, at eight o'clock, at No. 1321 Broadway, to 
hear grievances and settle all disputes between employers and employees. 
Complaints will be received either in person or by communications. 

The following agreement has been entered into by the above-named 
organizations, respectively : 

New York, April 24, 1885. 

It is hereby agreed between the Master Builders' Association of New 
York, and the Bricklayers' Unions Nos. 2, 33, 35, and 37, and the Amalga- 
mated German Unions of the City of New York : 

First. That the journeymen and foremen who were members of the 
unions last summer, be reinstated on payment of dues to date, and by the 
latter, of dues and assessments to date, which shall not exceed fifty dollars. 

Second. That the wages of bricklayers from May i, 1885, to May i, 



MASOiV BUILDERS AND BRICKLAYERS' UNIONS, 6/ 

1886, shall be forty-two cents per hour, nine hours on any day ; Saturday, 
eight hours, with eight hours' pay. 

It is particularly requested that all grievances be immediately laid before 
the committee in order to avoid all difficulties. 

[Signed.] Marc Eidlidtz, 

Chairman, 
H. Oscar Cole, 

Chair 7nan. 

The history of the Joint Arbitration Committee of the 
Mason Builders' Association and the Bricklayers* Unions, 
as shown by their minutes, is interesting and suggestive. 

The Committee consisted at first of ten members, five 
from the Builders' Association, and five from the five 
Bricklayers' Unions, elected for terms of not less than 
three months. Weekly meetings were to be held, and 
special meetings at the call of the Chair. Three from 
each side constituted a quorum. Should there be non- 
agreement upon any question, an umpire was to be chosen, 
and his decision was to be binding on both sides. 

At the weekly meetings matters of general interest 
were discussed and personal grievances of individuals 
were brought up — sometimes those of workmen fined un- 
justly, as they claimed, by the Unions, sometimes those 
of contractors unfairly dealt with by the workmen, some- 
times those of workmen paid less than Union rates by 
members of the Builders' Association. At intervals such 
entries as the following appear: 

'^ A general interchange of views on a variety of topics 
relating to the trade." 

Then follow grievances again: Union men refusing to 
pay fines imposed ; members of the Association employ- 
ing non-Union men ; the bricklayers leaving work of mem- 
bers of the Builders' Association for higher wages (than 



68 INDUSTRIAL ARBITRATION AND CONCILIATION. 

Union rates). All these are considered and referred to 
the proper body to deal with its own members. One 
entry reads : *' A general discussion was held on Trade- 
Union matters and a review of the situation at present.'' 
Finally, the subject of apprentices comes up, and so ends 
the work of the first eight months of the Joint Arbitra- 
tion Committee with, as is evident, " very good feeling on 
both sides," and there can be no question that the mutual 
interchange of views must have wonderfully cleared the 
minds of the delegates on both sides. 

In 1886, after many meetings and discussions and refer- 
ences back and forth to the Builders' Association and the 
Bricklayers' Unions, finally, on March 24th, the agreement 
for the year as to hours, wages, etc., was ratified, with the 
important additions that no strike is to be declared '' until 
the matter in dispute shall have been submitted to the 
Joint Arbitration Committee for settlement," and ''that 
no member of the Union shall be discharged for inquiring 
after the cards of the men working upon any job of a 
member of the Mason Builders' Association," 

During 1886, the number of delegates from each side 
was increased to six and the quorum to four members 
from each side ; the weekly meetings seem to have been 
given up for want of business, but there were regular meet- 
ings and several special meetings, where complaints of 
various kinds were presented, one, twice repeated, against 
a special firm for paying low wages. In regard to this, a 
committee was appointed to wait on them and state 
that '' the Builders' Association cannot support any mem- 
ber in paying anything but Union wages, and they must 
take the consequences." 

In September a special meeting was called to ask the 



MASO.V BUILDERS AND BRICKLAYERS' UNIONS. 69 

Mason Builders* Association to bring '^ influence to 
bear on the Boss Stone Cutters to stop the strike of the 
stone rubbers and cutters." 

In January, 1887, at one of the meetings a '' discussion 
of Trade matters " was held. 

In February, 1887, 'one of the Bricklayers' delegates 
asked if the Mason Builders' Association had ''joined the 
Boss Association of the Building Trades in antagonism 
to the Knights of Labor or to the Plumbers' Associa- 
tions," and was assured by one of the Builders' Associa- 
tion that "" owing to the friendly relations existing between 
the Association and their employees the Association 
had passed a resolution not to take part in the move- 
ment." The Union delegates in their turn stated that 
they were not controlled by orders of the Central Labor 
Union. 

The agreement for 1887 was made with little friction, 
and followed almost exactly the terms of that for 1886. 

Almost the only noteworthy action during the year 
was a letter to the Association of Building Material 
Dealers as to the brick cartmen's difficulties. 

In March of this year at the first annual meeting 
of the National Association of Builders, Mr. John J. 
Tucker, of New York, spoke as follows : '' In our efforts 
for the better promotion of the interests of all, we 
have established an arbitration through a conference 
held with our men, and by that arbitration we cover all 
disputes that may arise in the prosecution of our work. 
For two or three 3^ears past that process has been going 
on, and has worked very satisfactorily to both sides. We 
have monthly meetings, at which the members on the 
other side meet with us, and any dispute that may arise 



70 INDUSTRIAL ARBITRATION AND CONCILIATION, 

during the progress of our employment is brought there 
for adjudication, and every case that ha's arisen so far has 
been met and adjusted without any difficulty on either side, 
and perfect harmony exists. I look upon the very fact 
of our coming now to this National Convention as being 
the commencement of a spirit of unity that is likely to 
pervade our land, and that the success of the movement 
will grow, and from it I think you will find that the 
condition of our mechanics will be very much improved 
through the incentive that will be given from this body/' 

In February and March, 1888, there were many meet- 
ings of the Joint Committee to discuss the agreement 
for the year, which was finally adopted in the old form 
with the following addition : '' Except in case of neces- 
sity no work shall be done between 5 and 6 P.M., on five 
days of the week, or between 4 and 5 P.M. on Saturday, 
and all overtime shall be paid at double rate.'' 

The agreement was ordered printed. 

In February, 1889, the same agreement as that of 1888 
was adopted, and, in May of that year, a definition of 
'' overtime " in the case of two gangs was adopted. 

A special meeting was called in November, 1889, when 
a complaint against a member of the Builders' Associa- 
tion for working for a company employing non-union 
men was received, and a resolution was passed that the 
firm be asked to try to have the non-union men dismissed. 

In February, 1890, wages of fifty cents an hour were 
asked for ; reports were made by the representatives of 
the two parties to the Association and to the Unions re- 
spectively, and it was not until March 6th that the 
demand was granted and the agreement ratified. 

Nothing of interest occurred during the year 1890, and 



MASON BUILDERS AND BRICKLAYERS' UNIONS. J\ 

at the meeting in January, 1891, the Union delegates 
were not prepared to discuss the agreement for that year. 

There were two meetings in February, but it was not 
until March 13th that the demands of the Bricklayers' 
Unions (now numbering eight, all represented on the 
Committee, which also had eight delegates from the 
Builders' Association, with five from each side to form a 
quorum) were presented as follow^s : 

"" An eight hours' working day ; 50 cents an hour. 

^' Pay day on Saturday." 

Two meetings in March, with 15 members present at 
the first and 16 at the second, finally brought about an 
agreement in which the eight hours' day was adopted, but 
not the weekly pay day. 

There was very little business of importance during the 
year 1891, and the meetings were infrequent. On July 
30th a special meeting was called to hear a charge against 
a builder, that he had paid less than the Union wages, 
but at the meeting the charge was withdrawn. 

On January 28, 1892, at the regular monthly meeting, 
there was '' a general talk relative to apprentices." 

In February, with twelve members present, the pro- 
posed agreement for the year was read, but no action 
taken. 

In March there was a special meeting to hear a com- 
plaint against a certain firm that bricklayers were working 
from five to six P.M. without authority from the Unions, 
and the following day a letter was received from the firm, 
promising to keep to the terms of the agreement. 

On March 17th, on March 24th, on April 7th, the 
agreement for the year was considered, and finally signed 
by all present excepting the delegates of two Unions, 



72 INDUSTRIAL ARBITRATION AND CONCILIATION. 

who said they had no authority to sign without a special 
vote of their Unions. A resolution was thereupon passed 
that these Unions be notified that '' delegates without 
power are useless." 

The agreement was as follows : 

New York, Ap7'il yth, i8g2. 
It is hereby agreed to by the Mason Builders' Association of New York City, 
and the Bricklayers' Unions Nos. 4, 7, 11 33, 34, 35, 37 and 47 of New 
York City, members of the Bricklayers' and Masons' International Union : 

I. 

That the wages of the Bricklayers from May i, 1892, to May i, 1893, be 
fifty cents per hour, eight hours, six days in the week, and that the hours of 
labor be from 8 a.m. until 5 P.M., with one hour for lunch. 

II. 

The Unions, as a whole or single Union, shall not order any strike 
against the members of the Mason Builders' Association, collectively 
or individually, nor shall any number of Union men leave the works of a 
member of the Mason Builders' Association, before the matter in dispute is 
brought before the Joint Arbitration Committee for settlement. 

III. 

That no member of the Unions shall be discharged for inquiring after the 
cards of the men working upon any job of a member of the Mason Builders' 
Association, 7ior will the Walking Delegate be ijiterfered with when visiting 
any building under constrtictioji. 

IV. 

Except in case of extreme necessity, no work shall be done between 7 and 
8 d clock A.M. and 5 and 6 o'clock P.M. on six days in the week, and all over- 
time shall be paid a double rate. Overtime means all time between 5 P.M. 
on Saturday and 8 a.m. on Monday ; also all time between 5 p.m. and 8 
A.M. on other days, and the following legal holidays : Washington s Birth- 
day, Decoration Day, hidependence Day, Labor Day and Christmas Day. 

V. 

That the me77ibers of the Mason Builders' Association shall do their own 
fireproofing. 



MASON BUILDERS AND BRICKLAYERS' UNIONS. 73 

VI. 

That Bricklayers be paid on Saturday, before 5.30 p.m. once every two 
weeks. 

VII. 

That the Arbitration Committee meet on the fourth Thursday in every 
month, or at the call of the Chair on either side. 



W. S. Harrison, Chairman. " 
ROBT. I>. Darragh, 
Charles Andruss, 
Alex. Brown, Jr., 
Warren A. Conover, 
Joseph Schaeffler, Jr. 
Timothy Mahoney, 
Chas. a. Cowen, 
John J. Tucker. 









47 William J. Daly, Chairman. 
4 William Stewart, 
7 John Doyle, 

II DiEDRICH HOLSTE, 

33 John J. Banigan, 

34 Henry O. Cole, 

35 John Meister, 

37 Benjamin F. King. 



-^ o 



On May 26th, ''a general talk" was held at the 
monthly meeting. 

On September 22d and 29th certain complaints of 
workmen against employers were considered, and the 
minutes of the Joint Committee of Mason Builders and 
Bricklayers for the year 1892 are closed without even a 
mention of the strikes and lock-outs which in every other 
branch of the Building Trade in New York City had been 
a constant source of trouble throughout several months. 

One most noteworthy fact in the history of this Joint 
Committee is that never, during the eight years of its 
existence, has it been necessary to call upon an umpire to 
decide a question coming before the Committee. This, 
in itself, speaks volumes for the justice of the men repre- 
senting the two bodies interested. 

The gains for the workmen since the establishment of 
the Joint Committee are to be seen by comparing the first 



74 INDUSTRIAL ARBITRATION AND CONCILIATION. 

agreement, for the year 1885, with that for the year 1892. 
Besides minor changes, wages have been increased from 
42 cents an hour to 50 cents an hour, and the working 
day has been decreased from nine to eight hours. The 
gains for the employers are to be judged by their satis- 
faction with the results. The gains for the community 
can scarcely be computed. 



CHAPTER IX. 

PROGRESS OF CONCILIATION IN NEW YORK CITY. 

1892. 

The spectacle of successful conciliation between the 
eight Bricklayers' Unions and the Mason Builders' Associa- 
tion of New York during the seven years from 1885 to 
1892 finally began to attract the attention of men in 
other trades, but the first attempt to follow the excellent 
example was made by unskilled laborers, the hod-carriers 
and diggers. 

On December 10, 1891, a letter was received by the 
Mason Builders' Association from the ^' Officers of the 
General Council of the Laborers' Union," in regard to a 
Committee appointed by that Union to meet a Committee 
of the Mason Builders' Association for the purpose of 
forming what was practically to be a Board of Concilia- 
tion. The Standing Committee on Arbitration of the 
Mason Builders' Association was directed to meet with 
the Committee from the Laborers' Union, and on April 
28, 1892, the meeting was held. 

Being asked to state their wishes, one of the Laborers' 
Committee said that their object was '' to arrange an 
agreement with the Mason Builders' Association, such as 
existed between the Builders and Bricklayers." He stated 
that the Laborers' Union was independent, consisting of 

75 



76 INDUSTRIAL ARBITRATION AND CONCILIATION, 

eleven divisions, '' representing the Italian, German, Irish, 
and Colored element," and they desired to sign an agree- 
ment to work for 30 cents an hour. He said : '* The gen- 
tlemen forming the Laborers' Committee would consist of 
a representative of the different national divisions, and 
they were empowered to sign such an agreement as might 
be made at the above rate of wages at any time." 

This being reported to the Mason Builders' Association 
on May 3d, the Arbitration Committee was directed '^ to 
enter into the agreement proposed with the Labor Unions 
of this City, after the said Unions have given our Com- 
mittee substantial evidence of their being properly organ- 
ized to enter into such an agreement on the same basis as 
the one now existing between the Bricklayers' and the 
Mason Builders' Association." 

On May loth, the Arbitration Committee met the 
eleven delegates from the various divisions of the Labor- 
ers' Union, and the following resolution was presented by 
the latter for the information of the meeting : 

^*New York, May 8th, 1892. 

** At a meeting of the Council of the Laborers* Union 
Protective Society, the following order was decided on : 

** 1st. That our Union be recognized and our delegate 
be admitted on all jobs. 

'' 2d, That the rate of wages shall be 30 cents an hour 
for eight hours per day. 

''The idea of this is to avoid all manner of strikes. 
That a friendly feeling shall exist between the employer 
and the employee." 

After an examination of the credentials of the delegates, 
an agreement was drafted, adopted, and signed as follows: 



PROGRESS OF CONCILIATION IN NEW YORK CITY, J J 

New York, May lo, 1892. 

It is hereby agreed to by the Mason Builders' Association of New York 
City and the Laborers' Union Protective Society, consisting of the following 
divisons, Nos. i, 2, 3, 4, 5, 7, 8, 9, 10 and 11 : 

I. 

That the wages of the 'masons' laborers from May 14, 1892, to May I, 
1893, be thirty cents per hour, eight hours, six days in the week, and that 
the hours of labor be from 8 A.M. until 5 P.M., with one hour for lunch. 

II. 

The divisions, as a whole or single division, shall not order any strike 
against the members of the Mason Builders' Association, collectively or in- 
dividually, nor shall any number of Union men leave the w^orks of a member 
of the Mason Builders' Association before the matter in dispute is brought 
before the Joint Arbitration Committee for settlement. 

III. 

That no member of the divisions shall be discharged for inquiring after 
the cards of the men working upon any job of a member of the Mason 
Builders' Association. 

IV. 

That the masons' laborers be paid on Saturday before 5.30 p.m. once every 
two weeks. 

V. 

That a meeting of the Arbitration Committee can be called by order of 
the Chairman. 



W. S. Harrison, 
Charles Andruss, 
Warren A. Conover, 
Alex. Brown, Jr., 
Chas. a. Cowen, 
Joseph Schaeffler, Jr. 






^ 



4. P. J. Kelly, 

1. Matthew Finerty, 

2. Pat. Cummins, 
James Brennan, 
Joseph Kiernan, 



Patrick Winters, 
9. Gust. Meanfred, 

10. F. Rau, 

11. JoHNNiNI GOVANNI- 









^ 



78 INDUSTRIAL ARBITRATION AND CONCILIATION. 

Meanwhile another body of working-men had come to 
the Mason Builders' Association for help in their efforts 
to secure industrial peace. On March lo, 1892, a Com- 
mittee of Hoisting Engineers appeared at a meeting of 
the Association and stated that they had ^' formed an in- 
dependent organization to prevent strikes/' and asked the 
Mason Builders to " aid them to strengthen the stand 
they had taken." 

This the Association did by passing a resolution that 
they were " in favor of an independent organization of 
Hoisting Engineers, and that the Secretary notify the 
Hod Elevator Companies of New York City to that effect." 

Some months elapsed before any result followed, but 
after some further action by the Association, '' to encour- 
age the Hod Hoisting Employers," it w^as reported on 
August I2th that the latter had organized an Association, 
that their Engineers would probably organize, and the 
two bodies thus formed would '^ legislate their own 
affairs," and further, '' in case the representatives of the 
Engineers and of the new organization could not agree 
on a point that they might have in arbitration, that 
a Mason Builder should be selected as umpire." 

On December 8, 1892, at a regular meeting of the 
Mason Builders' Association, a communication was re- 
ceived from the Secretary of the Association of the Hod- 
Hoisting Employers, to the effect that they ''had made 
an agreement with the United Association of Engineers, 
in which they had endeavored to bring about a perfect 
understanding between the different parties concerned, in 
relation to hours of work, scale of wages, sympathetic 
strikes, etc., and thought they had succeeded." 

The Secretary of the Mason Builders' Association was 



PROGRESS OF CONCILIATION IN NEW YORK CITY, 79 

'^ instructed to write to both parties concerned, 

that this Association congratulates them on the agreement 

they have so wisely entered into." 

This, however, was not the only good office for other 
trades performed by the Association in 1892. 

During the months of June and July, the Dealers in 
Building Materials had had much trouble with their em- 
ployees, ''Walking Delegates" having interfered with 
their business in various ways. During July the Mason 
Builders* Association had voted to support them in their 
efforts to free themselves from outside dictation, and at 
the meeting of August 12th, a letter from the Secretary 
of the Building Material Dealers' Association was read, 
informing them that the strike had been declared off, and 
their men '' had asked to be re-instated, subject to our in- 
structions and directions, and regardless of any Union." 

To this letter a most admirable answer was returned, 
remarkable for its moderation and wisdom. The Associa- 
tion of Mason Builders began by expressing interest in 
the successful efforts made by the Dealers' Organization 
''against the unjust, arbitrary action of the Board of 
Walking Delegates," and continued : " We have only 
one fear now that success has crowned your efforts, and 
that is that there may be a tendency on the part of some 
members of your organization, since the labor that you 
now employ is not organized, to cut down the rate of 
wages in order to re-imburse yourselves for some of the 
trouble and loss which you have incurred. Although 
this action would be natural, and to an extent, justifiable, 
we feel it our duty to call your attention to the fact that 
any action of this kind will do much to drive the men 
into the Central Organization again, and make a strong 



8o INDUSTRIAL ARBITRATION AND CONCILIATION. 

excuse for the existence of the Walking Delegate. We 
would, therefore, respectfully suggest that now you have 
shown your strength and the Union is disrupted and you 
yourselves are thoroughly organized, that you will pro- 
ceed to organize the men now in your employ, and after 
that appoint a Committee, and legislate with them on the 
same general lines as is now being done in our own body. 
Unless such action be taken, we fear that your efforts 
will have secured only temporary peace, and that within 
a reasonable length of time, new strikes and new difficul- 
ties will be inaugurated. . . ." 

The good wishes of all must be with the Mason Builders* 
Association of the City of New York in their efforts to 
bring peace between the warring factions of the bu'Ming 
trades, among whom, as reported by the Board of Arbi- 
tration of the State, there were 200 strikes and lock-outs 
in New York and Brooklyn during the summer of 1892. 



CHAPTER X. 

CONCILIATION BETWEEN MASON BUILDERS AND BRICK- 
LAYERS IN CHICAGO. 

1887-1893. 

The spring and summer of 1887 were signalized in the 
City of Chicago by '' labor troubles " which included not 
only all the building trades, but all the trades concerned 
in the manufacture of building materials. There was a 
complicated succession of strikes and lock-outs, which 
lasted from the end of April until July i ith, and caused a 
loss in wages and profits to contractors of not less than 
$4,000,000, as computed in the pamphlet published in 
1887 under the title '' 30,000 Locked Out." There were 
nineteen different trades or subdivisions of trades in- 
volved, and during nine weeks all building was brought to 
a stand-still. 

It was evident that the '' Labor Question " in Chicago 
had assumed very serious proportions, and that the real 
cause of the troubles of 1887 was the state of feeling en- 
gendered by years of difference between employers and 
employed, not the special occurrences which precipitated 
the contest. 

The Master Masons and Builders were the leaders on 
the side of the employers, and their position was right 
6 81 



82 INDUSTRIAL ARBITRATION AND CONCILIATION. 

from the beginning, so far as can be judged from their 
official declarations published in the pamphlet referred to. 

Early in May (after the United Order of American 
Bricklayers and Stone Masons had, without notice to the 
Builders, decided that the pay day should be changed 
from Tuesday to Saturday) the first official communica- 
tion from the Association of Master Masons and Builders 
contained the following sentence : '' We submit to your 
consideration that a subject of this kind can hardly be 
* fixed ' by a resolution in a meeting of employees, but 
should be referred to and properly discussed by a Joint 
Committee of both employers and employees before action 
is taken." Thus the right principle was annunciated from 
the very outset by the Master Masons, viz.: that matters 
of common interest to both employers and employees 
cannot be settled by one party only, but must be dis- 
cussed by representatives of both parties before a decision 
can be reached. This seems to be a self-evident proposi- 
tion, but it took more than two months of idleness and 
contention before it was acted upon. 

On another matter also the Master Masons' Association 
w^as right from the beginning. They never set themselves 
against Labor Unions as such, but, on the contrary, on 
May 17th, they adopted a platform of principles, in which 
the following declaration of the National Association of 
Builders, together with others, was re-affirmed, as '' fun- 
damental principles upon which must be based any and 
all efforts at settlement of the now existing lock-out in 
building trades: " 

"', . . We recognize that there are many opportu- 
nities for good in associations of workmen, and while 
condemning and opposing improper actions upon their 



MASON BUILDERS AND BRICKLAYERS IN CHICAGO. 83 

part, we will aid and assist them in all just and honorable 
purposes ; . . . " 

Another most important declaration of the National 
Association of Builders, re-affirmed at this crisis by the 
Chicago Association of Master Masons and Builders, was 
the following : 

*• We affirm that absolute personal independence of the 
individual to work or not to work, to employ or not to 
employ, is a fundamental principle which should never be 
questioned or assailed ; that upon it depends the security 
of our whole social fabric and business prosperity, and 
that employers and workmen should be equally interested 
in its defense and preservation." 

On June 12th, the Master Masons issued an address to 
their form.er employees, the spirit of which is shown by 
the following extracts : 

''. . . To those of you who believe in arbitration as 
a better mode of redressing grievances or adjusting differ- 
ences than the strike or lock-out, to those of you w^ho are 
old enough to remember that the members of our organi- 
zation have all been journeymen bricklayers and stone 
masons, that there are none among us who may not be 
compelled to take up tools again, nor any among you 
who may not at any time become employers, and that 
consequently there are no questions concerning one branch 
which are not of interest to the other — to you we address 
ourselves. . . . We are not opposed to all Unions. In 
the second paragraph of our platform we recognize the 
right of organization among workmen for all just and 
honorable purpose's. But we are opposed to the methods 
employed by the present Unions. In all directions brute 
force is the foundation of the present Union. This is 



84 INDUSTRIAL ARBITRATION AND CONCILIATION. 

wrong. Brute force can only be opposed by brute force ; 
the strike on the one hand by the lock-out on the other, re- 
sulting in loss and suffering to both, and without any per- 
manent results, for no matter which side is successful, the 
only thing proven is that it had the strongest organization, 
not that its position is right. Strikes and lock-outs with all 
the train of resulting evils can only be prevented by organi- 
zation among both workmen and employers, both recogniz- 
ing the same fundamental principles, and agreeing to refer 
any question of temporary policy, such as the amount 
of wages to be paid, the number of hours to be worked, 
pay day, or any grievances or differences arising in the 
future, to a Joint Committee of Arbitration. ... 

^^ . . . To sum up, — form a Union on the same 
platform we uphold, and whenever one hundred, yea, 
fifty, members shall have enrolled themselves, we will 
gladly recognize it and appoint members to serve on a Joint 
Committee^ to have charge of all matters of mutual in- 
terest. ..." 

During the month of June repeated attempts were 
made to settle the differences between the Bricklayers 
and the Master Masons, but without success, until on June 
29th, the Master Masons' Association appointed a Com- 
mitte on Arbitration consisting of five members to meet 
with a similar Committee appointed by the Union. On 
July 1st these two Committees met, the first business 
being to select an umpire, the eleventh member of what 
was to be a ''Joint Committee of Arbitration." The 
selection was made after several sessions ; Judge Tuley of 
the Superior Court of Cook County was unanimously 
chosen, and on Monday, July 4th, the whole Committee 
met and its real work began. 



MASON BUILDERS AND BRICKLAYERS LN CHICAGO, 8$ 

The matters discussed included all the questions which 
had occasioned strikes and lock-outs for the previous five 
years. On July 8th, after four days* session, the Joint 
Committee agreed upon a unanimous report, which was 
submitted to the Bricklayers' Union and the Master 
Masons' Association for ratification, and on July nth, 
1887, the work of building, which had been suspended 
in Chicago for nine weeks, was resumed, and has 
never been interrupted since that day by a lock-out or 
a strike on the part either of the master masons or the 
bricklayers. 

The report of the Joint Committee on Arbitration, 
after an introduction, makes the following important 
statement : 

'' . . . We found that the main cause of trouble 
was in the separate organizations endeavoring to lay down 
arbitrary rules for the regulation of matters which were 
of joint interest and concern, and which should be regu- 
lated only by both organizations by some species of joint 
action. We, therefore, determined upon and submit 
herewith a project for the institution of a Joint Standing 
Committee for that purpose. . . . This Joint Com- 
mittee will be constructed of an Arbitration Committee of 
five members from each organization (the president of 
each being one of the five), and an umpire, who is neither 
a working mechanic nor an employer of mechanics, to be 
chosen by the two Committees. This Joint Committee is 
given power to hear and determine all grievances of the 
members of one organization against members of the other, 
and of one organization against the other, and to deter- 
mine and fix all working rules governing employer and 
employes, such as : 



86 INDUSTRIAL ARBITRATION AND CONCILIATION. 

" I. The minimum rate of wages per hour. 

"" 2. The number of hours of work per day. 

*V3. Uniform pay day. 

**4. The time of starting and quitting work. 

^^ 5. The rate to be paid for night and Sunday work, and 
questions of Hke nature. 

'^ And it is also given power to determine what number 
of apprentices should be enrolled, so as to afford all boys 
desiring to learn the trade an opportunity to do so with- 
out overcrowding, so as not to cause the coming workman 
to be unskilled in his art, or the supply of labor to grossly 
exceed the demand therefor. It is also given exclusive 
power to determine all subjects in which both organiza- 
tions may be interested, and which may be brought before 
it by the action of either organization or the President 
thereof. 

The Joint Committee, besides making this important 
report, which provided a means of avoiding future strikes 
and lock-outs, also drew up a set of working rules, which 
were adopted by both organizations and have been re- 
adopted year by year, with but few changes, since that 
time. 

Each year five members of the Joint Board have been 
elected by each organization, and an umpire elected by 
these ten members at their first meeting. One of the pro- 
visions in relation to the action of the Joint Board 
which was incorporated into the Constitution both of the 
United Order of American Bricklayers and Stone 
Masons, and of the Chicago Master Masons' and Builders' 
Association, was as follows : 

'' Section 6. The Joint Committee of Arbitration shall 
have all evidence in complaints and grievances of a mem- 



MASON BUILDERS AND BRICKLAYERS IN CHICAGO, 8/ 

ber or members of one body against a member or members 
of the other, or of one organization against the other, 
referred to it by the President of either Association, 
and shall finally decide all questions submitted, and shall 
certify by the umpire such decisions to the respective 
organizations. 

^^ Work shall go on continuously and all parties interested 
shall be governed by award made or decisions rendered, 
provided, however, that work may be stopped by the joint 
order of the Presidents of the respective Associations 
until the decision of the Joint Committee is had. . . . " 

Section lo provides: 

'' This article having been agreed upon by the Union of 
the United Order of American Bricklayers and Stone 
Masons and the Master Masons and Builders' Association 
shall not be repealed or amended by either organization, 
except upon a six months' previous notice given to the 
other organization, and such notice shall not be given 
until after all honest efforts to settle the grievance or diffi- 
culty shall have been made. . . ." 

The above agreement, entered into in 1887, has not 
been changed in any material point since, nor has there 
been any strike or lock-out of bricklayers in Chicago. 

The following are the '' Working Rules for 1893," 
agreed to by the representatives of the Chicago Masons' 
and Builders' Association, and of the United Order of 
American Bricklayers and Stone Masons : 

Section i. The minimum rate of wages shall be fifty cents (50c.) per hour. 

Section 2. Eight hours shall constitute a day's work throughout the year 
including Saturdays and Sundays. Work to begin at 8 a.m. and end at 5 
p. M., but the noon hour may be curtailedby special agreement between the 
foreman and the majority of workingmen employed on the job, but not in 



68 INDUSTRIAL ARBITRATION AND CONCILIATION, 

any way so as to permit more than eight hours' work between the hours 
mentioned. 

Section 3. No member shall be permitted to work overtime under any 
circumstances, except in case of actual necessity, and for such overtime, time 
and one half shall be demanded and received. 

Section 4. Eight hours shall constitute a night's work. Night work shall 
not commence until 7 p.m. and shall be paid for at the rate of time and one 
half. Sunday work shall be paid for at the rate of double time ; also 
Washington's Birthday, Fourth of July, Thanksgiving, Christmas and New 
Year's day. 

Section 5. Hereafter no employer shall make a reduction in the wages of 
a bricklayer or stone mason without giving said man or men due notice pre- 
vious to making said reduction. 

Section 6. The stone masons shall cut all broken ashler, range, rock-faced 
and worm work, and all rough jambs and quoins in building work, and all 
rough pitched faced bridge, viaduct and pier work, cut from Illinois Lime 
Stone in the city of Chicago, by any member of the Chicago Masons' and 
Builders' Association. This rule applies only to stone of six cubic feet or 
less, and provided that a sufficient number of competent stone masons can 
be had to do the work. Otherwise, the contractor or contractors, after giv- 
ing previous satisfactory notice to the President of the U. O. A. B & S. M., 
to furnish said men, has the right to employ stone cutters to finish the job. 
The leveling of all footing stones shall be done by stone masons. All kinds 
of cut stone work shall be set by members of the U. O. A. B. & S. M. No 
stone cut by convict labor shall be set. 

Section 7. All members will collect their pay at least once in two weeks 
and before 5 p.m. on pay day. The U. O. A. B. & S. M. will not be re- 
sponsible nor will they collect any money allowed to run longer than that 
time. 

Section 8. In regard to sub-contracting in front lumping, such as press 
brick and stone setting work, except the setting of footing stone, any person 
or persons doing said work or working on same shall be either a member of 
the C. M. & B. A. or a member of the U. O. A. B. & S. M. 

Section 9. No member of the U. O. A. B. & S. M. shall stop or cause to 
be stopped any work under construction for any member of the CM & B. 
A., except by written order of the Presidents of both organizations, under 
penalty of a Twenty-Five Dollar ($25.00) fine. And any member of the 
C. M. & B. A. or the U. O. A. B. & S. M. violating any of the rules agreed 
upon and established by the Joint Board of Arbitration shall be subject to 
the above-stated fine. 



MASOA^ BUILDERS AND BRICKLAYERS IN CHICAGO, 89 

Although duly elected each year, the umpire of the 
Chicago Joint Board of Arbitration has never been called 
upon, since the meetings of 1887, to sit with the Board or 
to decide a disputed question. Every question has been 
settled by reason and calm deliberation. 



CHAPTER XI. 

THE NATIONAL ASSOCIATION OF BUILDERS AND 
CONCILIATION.. 

Two years after the New York Mason Builders' Asso- 
ciation had formed the Joint Committee on Arbitration 
in co-operation with the Bricklayers* Unions of New 
York, the National Association of Builders was estab- 
lished and its first annual meeting was held at Chicago 
on the 29th, 30th, and 31st of March, 1887. 

At this meeting Delegates from 27 cities were present, 
including six from New York, two of these latter being 
gentlemen "who had been active in establishing the Joint 
Committee on Arbitration, and who were also Members 
of that Committee, and although no definite resolution 
was adopted at this meeting recommending arbitration, 
yet the Declaration of Principles contained the following 
sentence. '*. . . While upon fundamental principles it 
would be useless to confer or arbitrate, there are still 
many points upon which conference and arbitration are 
perfectly right and proper and upon such points it is a 
manifest duty to take advantage of the opportunities 
afforded by Associations to confer together, to the end 
that strikes, lock-outs, and other disturbances may be 
prevented." 

The tone of the three days' proceedings, whenever the 
relation between employers and employees was touched 

90 



ASSOCIATION OF BUILDERS AND CONCILIATION. 9 1 

upon, was one of justice-^^there was no opposition to 
Trades-Unions as such, and also no want of courage in 
asserting the rights of employers. 

The address issued in December, 1891, by the Execu- 
tive Committee of the National Association, in reviewing 
the work done since it^ organization says : 

'' The relation of employers to their workmen and 
methods to harmonize the interests of the two factions 
has been, from the very initial proceedings up to the 
present time, as it must be for years to come, one of the 
most prominent questions to be considered. . . . The 
discussions of this question at each convention show a 
marked departure from the treatment which the subject 
has received from any other body of people, inasmuch as 
the characteristic of antagonism to the organized effort 
of the workmen has been eliminated, and a purpose out- 
lined and developed looking toward the discovery of 
methods and ways whereby the plans of the workmxcn to 
better their condition may be freely aided, while proper 
safeguards against disastrous and dangerous action may 
be set up, through joint consideration and joint agree- 
ment on all matters of mutual concern, thus avoiding the 
terrible loss and disturbance caused by strikes and 
lock-outs. . . . 

'' What has resulted from the concentration of the views 
of builders from all over the country on the question of a 
means of settling all questions of mutual concern with 
workmen ? 

'' The first general result and by no means an insignifi- 
cant one, is that the workmen have become impressed 
with the fact that we are giving careful consideration to 
the question which they have been hammering at in a 



92 INDUSTRIAL ARBITRATION AND CONCILIATION. 

one-sided fashion for many y.ears ; and as they have been 
anxious that we should take the matter up as one worthy 
of examination, they have become less aggressive and 
are getting into a frame of mind such as is conducive to 
putting plans for peaceable settlement of disputed points 
into operation. 

^^ The second general result is that employers have been 
led to see that it is by no means certain that an attitude 
of opposition is the only one for them to assume in the 
settlement of the labor question ; that, on the contrary, 
it may be the wiser course for them to take the initiative 
and be a more positive element in the search for a way 
out of the perplexities which have surrounded the em- 
ployer and employee for so many years. . . . 

^^ The specific cases of benefit are not as large in number 
as might be wished for. . . . The cases, however, 
. . . have been such signal successes that they promise 
much for the future. ... 

^* The Mason Builders' Association of Boston . . . has 
united with the various organizations of workmen coming 
into relations with that business, in the adoption of the 
identical plan of arbitration formulated by the National 
Association, and has thereby succeeded in establishing 
more harmonious conditions than have ever before ex- 
isted ; a most conservative spirit has been manifested 
on both sides, and measures have been adopted by the 
Joint Committees which are far in advance of anything 
which has previously been thought possible. A fully 
defined method of apprenticeship has been adopted, 
. . . and this has been thought so highly of that it 
already has been adopted w^ord for word, by organizations 
of employers and workmen in New Brunswick. 



ASSOCIATION OF BUILDERS AND CONCILIATION. 93 

*' The Stone Masons' Association of Pittsburgh is the 
second instance where the general plan of the National 
Association has been adopted in this matter of arbitration 
of differences, or joint settlement of matters of mutual 
concern between employers and workmen. The immedi- 
ate result in this case was that while all the other building 
trades in Pittsburgh were involved during the last year in 
a long and bitter struggle, this trade was peacefully pur- 
suing its course, and employers as well as workmen were 
benefited thereby. . . ." 

At the Convention of the National Association of 
Builders, held in New York City, Feb. 9, 10, 11, 12, 13, 
and 14, 1 891, a Committee appointed at the previous 
convention " to prepare a form of arbitration," submitted 
their report, which contains so important an expression 
of principle that it deserves to be reproduced in full. 

It is as follows : 



The Committee appointed at the last convention of the National Associa- 
tion of Builders to prepare a form of arbitration, offer to the delegates 
assembled at the Fifth Annual Convention the result of their deliberations. 

The committee call attention to the fact that one of the fundamental 
points of the Declaration of Principles of the National Association recites 
that " employers in the building trades should recognize that there are great 
opportunities for good in associations of workmen, and while opposing and 
condemning improper methods and action upon the part of such associations, 
they should still be ready to aid and assist them in all just and honorable 
purposes." 

Your committee believe it to be possible and desirable for employers and 
workmen to unite in establishing a method by which the interests of work- 
men and the interests of employers may each receive just consideration, and 
through which the relations of each to the other may be harmoniously 
adjusted. 

They believe that to secure the establishment of such a method, it is abso- 
lutely necessary that there be associations of employers and associations of 



94 INDUSTRIAL ARBITRATION AND CONCILIATION, 

workmen, to serve as representative bodies in the premises, in order that the 
action taken may comprehend, as fairly as possible, the collective interests 
of the individuals on both sides, and in order that the practices recommended 
may, through them, be more generally adopted. 

They believe that no association desirijig recognition as a representative 
body should, either i7i its form of organization or through its By-Laws^ rules, 
or practices, attempt to independently or arbitrarily control or influence the 
action of others ; but, recognizing the rights of others, should adopt measures 
that will lead to joint consideration and joint action in all matters of mutual 
concei^n. 

They believe that associations established on the principles above expressed 
should be heartily encouraged, all persons eligible thereto should be urged 
to join, and every legitimate effort made to convince them that it is their 
duty to unite with their fellows in all honorable methods for the establish- 
ment and maintenance of just and proper practices among themselves and 
in their relations to others. 

In harmony with these views, and believing it is the manifest duty of the 
National Association to recommend to its filial bodies a definite and univer- 
sally applicable method of arbitration in place of objectionable methods, or 
lack of method, heretofore existing, and which shall fully recognize the 
rights of both employers and workmen, 

Youj committee offer the following draft of a form of organization of a 
Joint Committee, and certain other action deemed essential, which they be- 
lieve to be applicable for the use of any and all of the various branches of 
the building trade, and offer it as an honorable plan, which filial bodies may 
safely recommend to employers and workmen in the building trades, for the 
peaceful settlement of all matters of mutual concern. 

Your committee recommend that all filial bodies be urged to present this 
simple plan to the various trades represented in their bodies, requesting their 
various special trades to organize, if not already organized, and then offer 
this plan to the organizations of workmen in their trades as the basis for a 
mutual agreement and understanding which shall prevent all further disputes. 

In the discussion that followed many wise and just 
things were said by the members of the Convention, but 
one only can be quoted. 

Mr. Sayward of Boston, Secretary of the National Asso- 
ciation, in an extended argument in favor of the adoption 



ASSOCIATIOy OF BUILDERS AND CONCILIATION, 95 

of the report, said : " I wish to be fair to both sides, and 
I wish to say this much, that I beheve that organizations 
of employers need improvement almost, if not quite, as 
much as organizations of workmen. Simply because they 
are employers does not by any means make them entirely 
just in all that they. do. Many a time they, too, are 
arbitrary; they, too, step too far; they, too, claim too 
much — arrogate too much to themselves. One of the 
things that the National body is doing, or should attempt 
to do, is to try and show how these two great interests, 
which are bound to exist, no matter how much we talk — 
the interests of the workmen and the interests of the 
employers, can be harmonized so that justice will 
prevail. . . 

The report was adopted with one amendment, the omis- 
sion in paragraph 6 of the words : '' All persons eligible 
thereto shall be urged to join, and every legitimate effort 
made to convince them that it is their duty to unite with 
their fellows." 

The plan proposed by the Committee, and endorsed by 
the National Association of Builders will be given in full 
in the Chapter on Conciliation in Boston, where it was 
first adopted as a whole, and put into practice with great 
success as stated in the *' Address " already quoted. 

The spirit of the National Association is again shown in 
the following extracts from an editorial by the Secretary, 
Wm. H. Sayward, in The Builders Exchange for July, 
1891. 

'^ The time has come for the establishment of more 
harmonious relations between employers and workmen. 
The time for such action has been always present since 
the first man was employed, but to-day more than ever 



96 INDUSTRIAL ARBITRATION AND CONCILIATION. 

before is the necessity apparent, and the necessity will be 
greater to-morrow. 

'' For years the trades have been organizing throughout 
the United States, strengthening themselves and gradu- 
ally reducing each branch to a unit that is weak or strong 
as a factor for good, in so far as the union is weak or 
strong. 

^' The first declaration of every trades-union is the fact 
that the object of the organization is the betterment of 
the condition of its members, and by this promise the 
workmen have been drawn together until their combined 
strength is such that the accomplishment of desired ends 
is attempted by strength only, and out of the success 
gained by this strength have grown the arbitrary demands 
and untenable positions which have utterly defeated the 
first promise (the betterment of conditions) in so many 
instances. . . 

/'There is a true basis upon which the employer and 
the employee must stand, and each has rights that the 
other must recognize and respect. Each has a just and 
honorable position to fill, and the duties of these two 
positions will never be established until the employer and 
the employee come together for harmonious consideration 
under such conditions that a decision arrived at shall be 
binding upon both elements of the community. . . . 

''The method by which more just and harmonius rela- 
tionships are to be established is arbitration. Employers 
must recognize the fact that it is their duty to take ad- 
vantage of every honorable means that can be devised to 
correct the wrong conditions existing to-day in the field 
of labor, and which operate to the detriment of the com- 
munity to such a disastrous extent. 



ASSOCIATION OF BUILDERS AND CONCILIATION. 97 

'^ The workmen have so long been in the habit of taking 
the initiative, entirely independent of the employer, that 
the latter has drifted into a condition of instinctive com- 
bativeness which creates and fosters the spirit of opposi- 
tion in the former. 

'' As a problem in human nature, the condition is simple 
enough. No man can or does expect to arrive at a har- 
monious and satisfactory determination with another for 
whom he has avowed opinions of enmity and distrust. 
The enmity and distrust must first be wiped out, and the 
common ground of perfect understanding by each of the 
true position of the other must be reached before a satis- 
factory transaction can take place. 

*^ It is exactly the same in reference to the building trades 
to-day. The employer and the employee must get to- 
gether upon the common ground of understanding of 
each other's true position before action can be taken upon 
subjects affecting their common welfare that will be 
mutually beneficial. Employers have allowed the con- 
dition of affairs to drift along, dealing individually with 
trades-unions, until the weakness of their position has 
been clearly demonstrated ; and after being forced into 
distasteful action by reason of failure to establish them- 
selves in a position which should enable them to keep 
equity uppermost, they have been obliged to yield point 
after point until the main reason of their combining, in 
many instances, has been nothing more than exasperation. 

'' No organization of employers formed for the purpose 
of crushing trades-unions can accomplish any good. This 
is said advisedly, for the reason that organization must 
exist on both sides before action can be taken to affect 
both sides as a class or whole. When any particular 



9^ INDUSTRIAL ARBITRATION AND CONCILIATION, 

union IS under the control of men who have not the wel- 
fare of the trade and community at heart, and the union 
assumes a false position that cannot be corrected by other 
means, employers are warranted in crushing it out of 
existence, but they should at the same time advocate the 
reunion of the workmen under principles of equity and 
co-operation for the benefit of the whole." 



CHAPTER XII. 

CONCILIATION IN THE BUILDING TRADES OF BOSTON 
AND VICINITY. 

189I-1893. 

CONCILIATION in the building trades in Boston and its 
vicinity is carried out on the plan recommended by the 
National Association of Builders. Three different Unions 
have formed Joint Committees with the Builders' Asso- 
ciation. 

In August, 1 891, the following account of the forma- 
tion of these Joint Committees was given in The Builders 
Exchange, under the title 

" PRACTICAL ARBITRATION. 

'' The Mason Builders' Association of Boston have been 
the first to make direct and practical application of the 
form of arbitration as adopted and recommended by the 
fifth convention of the National Association. 

"' Within a month after the close of the convention a 
meeting of the Mason Builders' Association was held for 
the purpose of considering the advisability of adopting 
the form of arbitration mentioned and establishing a 
Joint Committee under the rules suggested by the 
National Association. It was unanimously decided that 
the plan proposed offered the best possible solution to 
the complications which are continually arising between 

99 



lOO INDUSTRIAL ARBITRATION AND CONCILIATION, 

employers and workmen, and a Committee of Conference 
was appointed. A request was then extended to the 
Bricklayers' Union, the Stone Masons* Union and the 
Building Laborers* Union to appoint similar committees 
to consider the establishment of a Joint Committee of 
Arbitration. 

^' The unions mentioned at once took the matter up 
favorably and meetings of conference were separately 
held, with the committees from each union, which resulted 
in the appointment of a delegation of five members from 
each union to act with a delegation of like number from 
the Mason Builders' Association as a Joint Committee of 
Arbitration. 

^^The result of the action of the Joint Committee is 
best indicated by the following letter, which was issued to 
members of the employers* association about July i : 

The Mason Builders Association of Boston and Vicinity, 

i66 Devonshire St., Boston, Mass. 
To ALL Members of the Mason Builders' Association : 

Gentle7nen, — The Joint Committee appointed by the association in con- 
junction with the Bricklayers* Union, the Stone Masons' Union and the 
Building Laborers' Union has completed its labors, and, in behalf of the 
associations named, has agreed to the following working rules for the year 
1891. 

All members will be expected to govern themselves in accordance with 
these rules, and it is suggested that members take particular pains to inform 
their foremen and other employees who have any charge or direction of work, 
or who are authorized to employ workmen, of all details of this agreement, 
and caution them to observe the same. 

WORKING rules. 
With Bricklayers' Union : 

I. Hours of labor shall be nine for Monday, Tuesday, Wednesday, Thurs- 
day and Friday, and eight on Saturday. Working hours shall be from seven 
o'clock A.M. to 12 o'clock M., and from one o'clock p.m. to 5 o'clock p.m. 



BUILDING TRADES OF BOSTON AND VICINITY, lOI 

2. The rate of wages shall be (42) forty-two cents per hour. 

3. Any time worked before seven o'clock A.M. or after five o'clock p.m. to 
be considered as overtime, and paid for as time-and-one-half. 

4. Work upon Sundays, Christmas, July 4, or Labor Day, to be paid for as 
double time. 

With Stone Masons' Union : 

1. Hours of labor same as bricklayers — namely, nine hours. 

2. Rate of wages (42) forty-two cents per hour. 

3. Overtime same as bricklayers. 

4. Holiday time same as bricklayers. 

With Building Laborers' Union : 

1. Hours of labor same as bricklayers and stone masons — namely, nine 
hours. 

2. Rate of wages (25) twenty-five cents per hour. 

3. Overtime same as bricklayers and stone masons. 

4. Holiday time same as bricklayers and stone masons. 

Particular pains should be taken by all members of this association to see 
that the agreements entered into are faithfully observed, as it is very import- 
ant that the effort that is being made to peacefully settle all questions of 
mutual concern between ourselves and our workmen be conscientiously sup- 
ported. 

Per order of the president, 

J. Arthur Jacobs, 

Secretary. 

P. S. — The inclosed cards, with working rules briefly stated thereon, are 
to be supplied to foreman and others for handy reference. 

'' The cards referred to in the postscript contained the 
working rules as they appear in the body of the letter, and 
were issued in separate form for more convenient distribu- 
tion among the members of the unions. 

'' The entire plan of arbitration (which follows), as ad- 
vocated by the National Association of Builders, was 
adopted without the change of a single letter, and the form 
of agreement mentioned for securing the establishment of 



I02 INDUSTRIAL ARBITRATION AND CONCILIATION. 

arbitration committees, with plan of organization of the 
same, for the use of associations of employers and asso- 
ciations of workmen in all branches of the building trade. 

AGREEMENT. 

For the purpose of establishing a method of peacefully settling all ques- 
tions of mutual concern (name 

of organization of employers) and 

(name of organization of employees) severally and jointly agree that no such 
question shall be conclusively acted upon by either body independently, but 
shall be referred for settlement to a joint committee, which committee shall 
consist of an equal number of representatives from each association, and also 
agree that all such questions shall be settled by our own trade ^ without inter- 
vention of any other trade whatsoever . 

The parties hereto agree to abide by the findings of this committee on all 
matters of mutual concern referred to it by either party. It is understood 
and agreed by both parties that in no event shall strikes and lock-outs be per- 
mitted, but all differences shall be submitted to the joint committee, and 
work shall proceed without stoppage or embarrassment. 

The parties hereto also agree that they will incorporate with their respec- 
tive constitutions and by-laws such clauses as will make recognition of this 
joint agreement a part of the organic law of their respective associations. 
The Joint Committee above referred to is hereby created and established, 
and the following rules adopted for its guidance : 

ORGANIZATION OF JOINT COMMITTEE AND RULES FOR ITS GOVERNMENT. 

1. This committee shall consist of not less than six members, equally 
divided between the associations represented, and an umpire, to be chosen by 
the committee at their annual meeting, and as the first item of their business 
after organization. The umpire must be neither a journeyman craftsman nor 
an employer of journeymen. He shall preside at meetings of the committee 
when necessary. 

2. The members of this committee shall be elected annually by their 
respective associations at their regular meetings for the election of officers. 

3. The duty of this committee shall be to consider such matters of mutual 
interest and concern to the employers and the workmen as may be regularly 
referred to it by either of the parties to this agreement, transmitting its con- 
clusions thereon to each association for its government. 

4. A regular annual meeting of the committee shall be held during the 



BUILDING TRADES OF BOSTON AND VICINITY, 103 

month of January, at which meeting the special business shall be the estab- 
lishment of " working rules " for the ensuing year ; these rules to guide and 
govern employers and workmen, and to comprehend such particulars as rate 
of wages per hour, number of hours to be worked, payment for overtime, 
payment for Sunday work, government of apprentices, and similar questions 
of J9int concern. 

5. Special meetings shall be held when either of the parties hereto desire 
to submit any question to the committee for settlement. 

6. For the proper conduct of business a chairman shall be chosen at each 
meeting, but he shall preside only for the meeting at which he is so chosen. 
The duty of the chairman shall be that usually incumbent on a presiding 
officer. 

7. A clerk shall be chosen at the annual meeting to serve during the year. 
His duty shall be to call all regular meetings, and to call special meetings 
when officially requested to do so by either body party hereto. He shall 
keep true and accurate record of the meetings, transmit all findings to the 
associations interested, and attend to the usual duties of the office. 

8. A majority vote shall decide all questions. In case of the absence of 
any member the president of the association by which he was appointed shall 
have the right to vote for him. The umpire shall have casting vote in case 
of tie. 

^' The following clauses, as recommended by the Na- 
tional Association to be incorporated into the by-laws of 
parties to joint agreement, have been adopted by the 
Mason Builders' Association and each of the three Unions 
mentioned : 

A. All members of this association do by virtue of their membership rec- 
ognize and assent to the establishment of a Joint Committee of Arbitration 
(under a regular form of agreement and governing rules), by and between 

this body and the for the peaceful settlement 

of all matters of mutual concern to the two bodies and the members thereof. 

B. This organization shall elect at its annual meeting 

delegates to the said Joint Committee, of which the president of this asso- 
ciation shall be one, officially notifying within three days thereafter the said 

of the said action and of the names of the 

delegates elected. 

C. The duty of the delegates thus elected shall be to attend all meetings 



I04 INDUSTRIAL ARBITRATION AND CONCILIATION. 

of the said Joint Committee, and they must be governed in this action by 

the rules jointly adopted by this association and the said. 

D. No amendments shall be made to these special clauses, A, B, C and D, 
of these by-laws except by concurrent vote of this association with the said 
and only after six months' notice of pro- 
posal to so amend. 

'^ During the meetings of the Joint Committee the ap- 
prenticeship question was brought up for consideration, 
and the subject is at present under advisement. Much 
that needed careful arid thorough consideration has been 
submitted by both sides in regard to the subject, and the 
outcome of the consideration will be given in these col- 
umns in the next issue. 

'' These various meetings between the master masons 
and the journeymen have been conducted with the ut- 
most harmony and good feeling, and the conservative 
action of the unions is deserving of the highest commen- 
dation. . . .'' 

During the latter half of 1891 the above agreement was 
conscientiously carried out by the members of the Mason 
Builders' Association and by the three Unions concerned, 
and one most noteworthy and encouraging fact in con- 
nection with the matter is that non-union men were al- 
lowed by the Union men to work side by side with them 
without molestation. There was, of course, no public 
agreement by the Unions to this effect, but in the meet- 
ings held to settle the preliminaries of the Joint Commit- 
tee the representatives of the Mason Builders' Association 
had persuaded the representatives of the Unions that the 
only wise course was to maintain peaceable relations with 
non-union men and endeavor by argument to induce them 
to enter the Unions, and this had been informally agreed 
to and had been carried out. 



BUILDING TRADES OF BOSTON AND VICINITY, I05 

The agreement of the Joint Committee for 1892 is 
reported in the following circular : 

The Mason Builders Association of Boston and Vicinity. 

OFFICE OF THE SECRETARY. 

166 Devonshire Street, Boston, Feb. 16, 1892. 

To ALL Members of the Mason Builders Association : 

Gentlemen, — In accordance with the agreement existing between the 
Mason Builders Association of Boston and vicinity and the Bricklayers Union, 
No. 3, of Boston and vicinity, the Joint Committee of Arbitration has held 
its annual meeting and adopted the following rules for the guidance of both 
bodies for the year 1892. 

First, The rate of wages for the ensuing year remain the same as in 189 1 ; 
namely, (.42) forty-two cents per hour. 

Second. During the months of March, April, May, June, July, August, 
September and October of 1892, not more than (9) nine hours labor shall be 
required, in the limits of the day (except over-time as provided for); and 
during November and December, 1892, not more than (8) eight hours labor 
shall be required in the limits of a day, except over-time as provided for. 

Third. The working hours are to be from 7 to 12 a.m. and from i to 5 

P.M. 

Fourth. Work done before 7 a.m. or after 5 P.M. is to be considered 
** overtime," and is to be paid for as " time and one half." 

Fifth. Sundays, Fourth of July, Christmas and Labor Day are to be con- 
sidered as holidays, and work done on either of these days is to be paid for 
as *' double time." 

The Joint Committee are of the opinion that the time has arrived for the 
adoption of an eight-hour day, and recommend that the Mason Builders As- 
sociation and the Bricklayers Union have the matter under careful considera- 
tion during the year, with the view of adopting it in 1893. 

In the opinion of the Joint Committee, the best interests of the employing 
masons demand that all journeymen bricklayers should belong to the Brick- 
layers Union, in order that the agreements between the two bodies may be 
more representative and effective ; for that reason, the Committee recom- 
mend all journeymen "bricklayers to join the Union and that preference for 



I06 INDUSTRIAL ARBITRATION AND CONCILIATION, 

employment should be given to Union men by the members of the Mason 
Builders Association, and that all members of the Association should be 
urged to carry out these recommendations. 

If any workman does not thoroughly understand the value or benefit which 
the Committee believes will follow from all workmen belonging to the Union, 
the Committee will be glad to give a private or public hearing, and will 
endeavor to show them that it is for their advantage and for the advantage of 
their employers that they unite with their fellow-workmen in their respective 
organizations, and that such membership will tend to create better feeling, 
make such action as may be taken more effective, and assist in the harmonious 
solution of the labor problem. 

In addition to this action, the Joint Committee has taken steps to put into 
operation the x\pprenticeship System, prepared during the last year and 
approved at the last meeting of the Association. Books of registry, appren- 
tice cards, blank certificates of graduation, and other papers, seals, etc., pro- 
vided for in this system, are in course of preparation and will soon be ready 
for use. 

Accompanying this report is a copy of the full text of the Apprenticeship 
System above referred to, also copy of the agreement entered into by the two 
Associations establishing the Joint Committee. 

All members of this Association will take due notice of the matter con- 
tained in this circular and govern themselves accordingly. 

Issued by order of the President. 

J. ARTHUR JACOBS, Secretary, 

The following is the paper above referred to : 

System of Apprenticeship Adopted by the Mason Builders 

Association and the Bricklayers Unions 

of Boston and Vicinity, 

TIME OF BEGINNING AND TERM OF APPRENTICESHIP. 

To prevent the taking of apprentices at an immature age, when they may 
be considered, on the average, as physically unfit for such laborious work, 
and not sufficiently educated to warrant leaving school, and to discourage the 
beginning of apprenticeship at a time when the individual may be considered, 
on the average, as having passed that period when the faculties of mind and 
body are in that condition which is most receptive of instruction, and most 



BUILDING TRADES OF BOSTON AND VICINITY, lO/ 

readily adaptive to the requirements of a trade, the following time and terms 
are fixed : — 

No individual shall be taken as an apprentice who cannot read and write 
the English language. 

No individual shall be taken as an apprentice until he is sixteen years of 
age. 

No individual shall be taken as an apprentice after he is twenty-one years 
of age. 

An apprentice taken under eighteen years of age shall serve until he is 
twenty-one years of age. 

An apprentice taken at eighteen years or over shall serve three years. 

AGREEMENT OF APPRENTICE. 

No individual shall be taken as an apprentice unless he shall agree to 
serve the time fixed by these rules and abide by other conditions and require- 
ments herein set forth. 

AGREEMENT OF EMPLOYERS. 

No member of the Mason Builders Association shall take an individual 
as an apprentice unless he will agree to keep him under legitiviate instruction 
as such^ for the full term comprehended in these rules, and will otherwise 
comply with the conditions and requirements herein set forth. 

registering apprentices. 

When any member of the Mason Builders Association is about to take 
an individual as an apprentice, he shall immediately notify the Secretary of 
the Association to that effect, giving name, age and term for which he is 
taken. 

The Secretary of said Association shall then immediately notify the Clerk 
of the Joint Committee, and also the Secretary of the Bricklayers Unions, 
and a record shall be kept by both Associations and by the Joint Committee, 
so that a complete registry of all apprentices shall be available. 

A card shall be issued to each apprentice by the Joint Committee, which 
he shall hold during his term as evidence that he is properly registered as an 
apprentice. 

All members of the Mason Builders ^Association shall file, as soon as 
practicable after the adoption of these rules, a list of the apprentices in their 
employ, giving name, length of term for which they are taken, and date of 
expiration of term. 



I08 INDUSTRIAL ARBITRATION AND CONCILIATION. 

SUPERVISION BY JOINT COMMITTEE. 

The Joint Committee of the two bodies hereto shall have general super- 
vision of all matters pertaining to the apprenticeship system under the rules 
herein defined and established, and shall have authority to settle all questions 
in relation to the same, and give judgment in any appeals that may be made 
to it by either employers or apprentices. It shall have authority to terminate 
or cancel the apprenticeship of any individual for cause. 

It shall have authority to place an apprentice for an unexpired term with a 
new employer should his original employer die, or from any other cause fail 
to give him opportunity to complete his term with him. 

It shall have authority to prepare blank graduation papers for apprentices, 
and to approve and sign the same, when the employer has certified thereon 
that the apprentice has satisfactorily completed his term. 

RIGHTS OF EMPLOYER. 

An employer shall have the right to appeal to the Joint Committee to ter- 
minate or cancel an apprenticeship, when there are evidences of incapacity on 
the part of the individual under instruction, or when he shall be insubordinate 
or be addicted to idle or dissolute habits, or in any other way fail to carry 
out his agreement with his employer. 

RIGHTS OF APPRENTICES. 

An apprentice shall have the right to appeal to the Joint Committee should 
his employer fail to keep him under legitimate instruction, or to keep his 
agreement with him in any other respect. 

He shall have the right also to appeal to the Joint Committee and secure 
through them opportunity to complete his apprenticeship, should his original 
employer die, or from any other cause fail to give him opportunity to com- 
plete the same. 

PAY OF APPRENTICES. 

Apprentices shall be paid at the rate of eleven cents per hour during the 
first year, twelve cents per hour during the second year, thirteen cents per 
hour during the third year, and fifteen cents per hour for any additional years 
they may be obliged to serve under these rules. These sums to be paid 
weekly. 

Deduction may be made from the above-mentioned pay for absence from 
work without sufficient cause, or the apprentice may be required to work be- 



BUILDING TRADES OF BOSTON AND VICINITY, IO9 

yond the stipulated term, to the extent of double the time of absence, at the 
choice of his employer. 

No deduction from the pay of an apprentice, however, shall be made, pro- 
vided he report for duty at proper times, but is unable to work because of 
weather, or failure of his employer to provide work. 

In addition to the pay above stipulated, each apprentice shall have an 
allowance of fifty dollars ($50) the first year, and seventy-five dollars ($75) for 
every additional year, payable in quarterly instalments. 

Each apprentice shall be entitled to one week's vacation each year, without 
loss of pay, or two weeks' with one week's loss of pay, but shall not be 
allowed more than two weeks' vacation each year. 

GRADUATION OF APPRENTICES. 

When an apprentice shall have completed his term, his employer shall cer- 
tify the same upon blanks provided for the purpose by the Joint Committee, 
and transmit the same through the Secretary of his Association to the Joint 
Committee. The Joint Committee shall then consider the same, and upon 
approval, its Clerk shall attach the official seal and signature of the committee, 
notifying both Associations of this action, that the record of the apprentice 
may be complete upon books of record, which must be kept by the Secre- 
taries of each body. 

The certificates thus signed and approved shall be accepted as evidence 
that the apprentice has properly graduated and is entitled to recognition as 
a journeyman, and he shall not be eligible to membership in the Brick- 
layers Unions until he has such certificate. 

department of instruction. 

Recognizing the fact that special instruction in the fundamental features 
of the bricklaying trade (which instruction shall comprehend education of 
both mind and hand, so that the individual shall gain a proper knowledge of 
quantity and strength of materials, and of the science of construction) is of 
as much importance as special instruction in other trades or professions, and, 
realizing that the chances of an apprentice to get as much instruction as he is 
entitled to, w^hile at work on buildings, is necessarily limited, the parties to 
these rules agree that they will join in an effort to establish an institution in 
this city where all the trades shall be systematically taught ; that when such 
school is established they will unite in the oversight and care of the same and 
will modify these rules so that a reasonable deduction shall be made from the 
term of an apprentice by virtue of the advantage gained through instruction 
in said school. 



no INDUSTRIAL ARBITRATION AND CONCILIATION. 

The agreements entered into for the year 1893 between 
the Masons Builders' Association of Boston and vicinity, 
and the three Unions with which it has estabhshed Joint 
Committees, are substantially the same as for 1892, with 
one important exception — the adoption of the eight-hour 
day. 



INDEX. 



Abolition of fines in workshops at mines in Belgium, 44. 

Act, conspiracy and protection of property, 1875, England, 9 ; temporary, 

1869, England, 6; trades-union, 1871, England, 6. 
Agitation for abolition of unjust laws, England, 14. 
Agreement between builders and workmen, Boston, 100, 105. 
Agreement between builders and workmen, Chicago, 87. 
Agreement between Mason Builders' Association and Bricklayers' Unions, 

New York, 66, 72 ; agreement between Mason Builders' and Laborers' 

Union, New York, 77. 
Amalgamated Engineers, Society of, England, 13. 
Amalgamated German Unions of New York Bricklayers, 66. 
American Bricklayers and Stone Masons, United Order of, Chicago, 82, 

86-89. 
Apprentices, number of, to be determined by Joint Board of Arbitration, 

Chicago, 86. 
Apprenticeship, system of, adopted by Mason Builders Association and 

Bricklayers' Unions of Boston, 106. 
Arbitration and Conciliation, success of Boards of, England, 14, 15, 26, 

28, 29, 34, 39. 
Arbitration, Boards of, in England, 16, 28. 

Arbitration Committee, Joint, of Mason Builders' Association and Brick- 
layers' Unions, New York, 66 ; history of, 67. 
Arbitration, Committee on, between Master Masons and Bricklayers, 

Chicago, 84. 
Arbitration, Committee on, of National Association of Builders, 93. 
Arbitration in England, 16. 
Arbitration y Practical^ 99. 

Arbitration, Reports of Bascoup Board of Conciliation and, 47. 
Arbitration, Report of Mariemont Board of Conciliation and, 54. 
*' Armed peace," 19. 

Artisans, laws relating to workmen and, England, 4. 
Association, Building Material Dealers', New York, 79. 
Association, Mason Builders, Boston, 92, 99-110 ; New York, 64-80. 
Association of Master Masons and Builders, Chicago, 81-89. 
Association, National, of Builders, 69, 90-98 ; plan of arbitration of, 

102-104. 



112 INDEX. 

B 

Bascoup, colliery of, 41-54, 59, 63. 

Belgium, abolition of fines in workshops at mines, in, 44 ; conciliation in, 

41, 54. 
Board of Arbitration and Conciliation in hosiery trade, England, 22 ; 

mode of procedure of, 23. 
Board of Conciliation and Arbitration at Mariemont and Bascoup, 47 ; 

of Mariemont, report of, 54 ; of Bascoup, reports of, 47. 
Boards of Arbitration in England, 16, 28. 

Boards of Conciliation, success of, England, 14, 15, 26, 28, 29, 34, 39. 
Board of Walking Delegates, unjust action of. New York, 79. 
Borinage, strike at, 42. 
Boss stone cutters, Mason Builders' Association asked to bring influence 

to bear on, New York, 69, 
Boston, conciliation in building trades, 99 ; Mason Builders' Associa- 
tion of, 92, 99-110 ; Unions of Workingmen, 99-110. 
Bricklayers and mason builders, conciliation between, Boston, 99-110. 
Bricklayers and mason builders, conciHation between, Chicago, 81-89. 
Bricklayers and mason builders, conciliation between. New York, 64-74. 
Bricklayers and master masons of Chicago, differences between, settled by 

arbitration, 84. 
Bricklayers' Unions, New York, 64-74. 
Builders' Association of Boston, 92, 99-110 ; of Chicago, 81-89 5 of New 

York City, 64-80. 
Builders* Exchange^ the, 95. 

Building Material Dealers' Association, New York, 79. 
Builders, National Association of, 69, 90-98. 



Capital and Labor ^ The Conflicts of, 2. 

Caste feeling a hindrance to conciliation, 34. 

Central Labor Union, 69. 

Chambres d'Explications, 46, 47, 61. 

Chicago, agreement between builders and workmen, 87. 

Chicago, conciliation between mason builders and bricklayers in, 81. 

Chicago, labor troubles in, 81. 

Chicago, Masons' and Builders' Association, 81-89. 

Chicago, United Order of American Bricklayers and Stone Masons, 82, 

86-89. 
Cole, H. Oscar, Chairman, 67. 
Colored element, Laborers' Union, New York, 76. 
Colliery of Bascoup, Belgium, 41-54, 59, 63 ; of Mariemont, Belgium, 41, 

42, 54-63. 
Combination laws, bad effects of, England, 3 ; enactment of, England, 3 ; 

prosecutions under, England, 3. 
Committee of Inquiry of Conciliation Board, England, 26. 
Committee on Arbitration of National Association of Builders, 93. 



INDEX, ri3 

Compulsion fatal to conciliation, 24. 

Conciliation and Arbitration, reports of Bascoup Board of, 47 ; report of 

Mariemont Board of, 54; success of Boards of, England, 14, 15, 26, 

28, 29, 34, 39. 
Conciliation between mason builders and bricklayers in Chicago, 81. 
Conciliation between mason builders and bricklayers in New York City, 64. 
Conciliation, Industrial, Henry Crompton, 10-27, 42. 
' Conciliation in Belgium, 41, 54. 
Conciliation in Boston building trades, 99. 
Conciliation in England, 20, 28. 
Conciliation in hosiery trade, England, 20. 

Conciliation, success of Boards of, England, 14, 15, 26, 28, 29, 34, 39. 
Conference, Committee of, in building trades of Boston, 100. 
Conferences between Executive Committee of Mason Builders' Association 

and Bricklayers' Unions, New York, 65. 
Conspiracy and Protection of Property Act, 1875, England, 9. 
Constitution of the Mason Builders' Association, New York, 64. 
Crompton, Henry, Mr,, 10, ii, 16, 20, 42, 43, 45. 

D 

Dandois, Joseph, funeral services of, 49. 

Dealers in building materials, trouble with employees, New York, 79. 
Difference between an Arbitration Court and a Board of Conciliation, r8. 
Durham coal trade, disputes in, settled, 29 



Economistes, Journal des, 42. 

Eidlitz, Marc, Chairman, 67. 

Engineers, lockout of, 1852, England, 13 ; Society of Amalgamated, 13. 

England, Acts, 1869, 6, 1871, 6, 1875, 9 ; arbitration in, 16 ; Boards of 
Arbitration in, 28 ; conciliation in, 20, 28 ; labor laws, 14 ; success 
of Boards of Conciliation, 14, 15, 26, 28, 29, 34, 39 ; the industrial situ- 
ation, 1876, II. 



Fines, at mines in Belgium, 44, 55-57, 59. 

Finished Iron Trade, Standing Committee of the, England, 29. 

G 

Guinotte, Mr., 51-61. 

H 

Hainault, province of, 41. 
Hod elevator companies of New York, 78. 

Hod Hoisting Employers, New York, 78 ; and United Association of 
Engineers, agreement between, 78. 



114 INDEX, 

Hoisting Engineers, Committee of, New York, 78. 

Hosiery trade, conciliation in, England, 20 ; strikes in, 21. 

House of Commons, Report of Select Committee of, appointed to consider 

laws relating to workmen and artisans, 4. 
House of Lords '* Sweating System Committee," 10. 
Howell, George, M.P,, 2, 3, 6. 
Hume, Joseph, 4. 

I 

Industrial Conciliation^ 10, II-27, 42. 

Industrial situation, the, 1876, England, 11. 

Industry, real progress in,- England, 14. 

Iron trade, North of England, arbitration in the, 28-33. 

J 

Joint Arbitration Committee of Mason Builders' Association and Bricklayers' 

Unions of New York 65 ; history of, 67. 
Joint Board of Conciliation and Arbitration, description of, England, 29- 

33 ; results of, England, 30. 
Joint Committee of Arbitration, between bricklayers and mastei masons, 

Chicago, 84 ; report of, 85 ; in building trades of Boston, 100. 
yournal de Charleroi, 49. 
yournal des Economistes^ 42. 



K 



Kettle, Rupert, Mr., 16-19, 24, 25. 
Knights of Labor, 69. 



labor disputes, the peaceable settlement of ^iZ, 

Labor troubles in Chicago, 81. 

Labor laws, England, 14. 

Laborers' Union of New York, Committee of, 75 ; and Mason Builders' 

Association, agreement between, 76. 
Laborers' Union Protective Society of New York, 76, 77. 
Law of 1800 forbidding associations of workmen, England, 3. 
Lockout of engineers, 1852, England, 13. 
Lockouts, in Chicago, 81 ; in Brooklyn, and New York, 80. 

M 

Manchester, Royal Commission appointed to inquire into alleged outrages 

at, 6. 
Mariemont, colliery of, 41, 42, 54-63. 
Mason Builders and Bricklayers, conciliation between, in Chicago, 81.. 



INDEX, I I 5 

Mason Builders' and Bricklayers' Unions of New York, conciliation 

between, 64. 
Mason Builders and workmen, conciliation between in Boston, 99. 
Mason Builders' Association of Boston, 92, 99-110; of Chicago, 81-89; 

of New York, 64-80. 
Mundella, Mr., 16-18, 20, 21, 24, 25, 28, 42, 45. 



N 

National Association of Builders', 69, go-98 ; plan of arbitration of, 102- 

104 ; report of Committee on Arbitration of, 93. 
New York, agreements between mason builders and workmen, 66, 72, 77. 
New York Bricklayers' Unions, 64-74 \ Laborers' Union, 'JS-l^- 
New York City, Progress of Conciliation in, 75-80. 
New York, conciliation between mason builders and bricklayers, 64-74. 
New York, strikes and lockouts in, 80. 
Northumberland coal-trade, disputes in, settled, 29. 
Nottingham, Royal Commission appointed to inquire into alleged outrages 

at, 6. 



Passy, Frederic, Mr., 42. 

Peaceable Settlement of Labour Disptites, The, 28 

Piece-work in hosiery trade, England, 23 ; in workshops, Belgium, 44. 

Pittsburgh, Stone Masons' Association of, 93. 

Plan of Arbitration of National Association of Builders, 102-104. 

Plumbers' Association of New York, 69. 

Practical Arbitration, 99. 

Progress of conciliation in New York City, 75-80. 



R 

Royal Commission, of 1867 appointed to inquire into alleged outrages, 6 ; 
of 1875, 7. 



Sayward, Mr. 94, 95. 

Secret societies a natural result of repression, 3. 

Select Committee of House of Commons, appointed to consider laws relat- 
ing to workmen and artisans. Report of, 4. 
Sheffield, Royal Commission appointed to inquire into alleged outrages at, 6. 
Societe Beige d'Economie Sociale, 45. 
Society of Amalgamated Engineers, England, 13. 
Strike of bricklayers. New York, 65. 
Strike, political, of Belgian workmen, 48, 59. 
Strikes at Mariemont, .42, 56, 58, 60. 



Il6 INDEX, 



Strikes in Chicago, 8i. 

Strikes in hosiery trade, England, 21. 

*' Sweating System Committee," of House of Lords, 10. 



Temporary Act of 1869, England, 6. 
Trades-Union Act, 1871, England, 6. 
Trades-union, first essential principal of, 8. 
Trades-unions legalized by Act of 1871, England, 6. 
Trades-unionism in England, history of, 2. 

Trades-unions, value of, England, 25 ; as affected by law, England, i. 
Tucker, John J., Mr., 69. 

Tuley, Judge — Umpire on Joint Committee of Arbitration between Brick- 
layers and Master Masons of Chicago, 84. 

U 
Umpire, Judge Tuley chosen in Chicago, 84 ; no necessity for, since 1887, 

89. 

Umpire, to be chosen at annual meeting, by plan of arbitration of National 
Association of Builders, 102 ; to have casting vote in case of tie, 103. 

Umpire, to be chosen in case of non-agreement by Joint Arbitration Com- 
mittee, New York, 67 ; no necessity to elect, 73. 

Union of Bricklayers, Boston, 100, 105-110. 

Union of Laborers, Boston, 100, 101. 

Union of Laborers, New York, 75-77. 

Union of Stone Masons, Boston, 100, loi. 

Unions of Bricklayers, New York, 64-74. 

United Association of Engineers, New York, 78. 

United Order of American Bricklayers and Stone Masons, Chicago, 82, 
86-89. 

V 

Voluntary conciliation, decisions come to by, loyally accepted, 26, 27, 38, 39. 

W 

Wage-earners, combinations of, beneficent, 2 ; a s'gn of moral and intellec- 
tual progress, 2, 
Warocque, family of, 42 ; Georges, Mr. , 49. 
Watson, Robert Spence, Dr., extracts from an article by, 28. 
Weiler, Julien, Mr., 41-47, 5 it 63. 



QUESTIONS OF THE DAY. 



60 — The Public Regulation of Railways. By TV. D. Dabney, 
Octavo ,. . . . " . ,- ^ . .: , ;. I 25 

61 — Railway Secfecy and Trusts; Its Relation to- Intef-State Legisla- 
tion. By John M.BoNHAM. Octavo . . 1 00 

62— American- Farms : Their Condition and Future. 'ByJ. R. Elliott. 
Octavo ... ... . .: . . . . s I 25 

63— Want and Wealth. - A Discussion of Certain Economic Dangers 6i 
the Day. An Essay. By Edward J. Shriver, Secretary N, Y. 
MetalT^xchange. Octavo, paper / . , . . .: 25 

64 — The Question of Ships. Comprising The Decay of Our Ocean 
Mercantile Marine; Its Cause and its Cure. By David A* Wells ; 
and Shipping Subsidies and Bounties. : By John Cqdman» 25 

65— A Tariff Primer.- The Effects of Protection upon the Farmer and 
Laborer. By Hon. Porter Sherman,- M. A. Paper :: - 

66 — The Death Penalty. A Consideration of the Objections to Capital 
Punishment ; with a Chapter on War. By Andrew J. Palm, I 25 

67 — The Question of Copyright. Edited by G. H. Putnam . i 50 

68 — Parties and Patronage. By Lyon G. Tyler, President William 
and Mary College . . , . . . . . . i oc 

69— Money, Silver and Finance. By J. H. Cowperthwait. r oc 

70— The Question of Silver. By Louis R. Ehrich . . . 75 

7i_Who Pays Your Taxes? By David A. Wells, Thomas G. 
Sherman, and others. Edited by Bolton Hall . , . 125 

7^_-The Farmer's Tariff Manual. By D. Strange . , . . i 25 

73— The Economy of High Wages. _By J, S^choenhof,, author of 
" The Industrial Situation," etc., etc. Octavo, clotK . . I 50 

74— The Silver Situation in the United Sta,tes. By Prof. F. W. 

. Taussig. Octavo, . . :. . . . . .^ 75 

75— A Brief History ofPanic^, and their Periodical Occurrence in 
the United^ States. By Clement Juglar. Translated by De 
CouRCEY W. Thom." Octavo /_ -. . . • . . i 25 

76— Industrial Arbitration and Conciliation. By Tosephine Shaw 

Lowell. , 



QUESTIONS OF THE DAY. 

AUTHOR INDEX TO THE 
"QUESTIONS OF THE DAY" SERIES. 



Alexander, E, P., No. 36 
Allen, T. H.,"No. 53 
Atkhison, E., No. 40 
Bagehot, W., No. 23 
Baker, C.W., No. 59 
Blair, L. H., No. 35 
Bpnhain, J. M., No. 61 
Bourne, E, G., Nar24 
Bowker, R. R., No. 10 
Bruce, P. A., No. 57 
Cleveland, G., No. 43 
Codman, J., No. 64 
Cowperthwait, J. H., No. 69 
Dabney, W. D., No. 60 
Donnell, E. J., No5. 16, 56 
Dos PassosVJ. R., No. 38 
Dugdale, R; L., No. 14 
Ehrieh, L. R., No. 70 
Elliott, J. R., No. 62 
Fortl, W.- €.-, Nos. 5, 6, 

Foulke, W. D., No. 43 
Giffen, R., No. 20 
Hall, B., No. 71 



Hitchcock, H., No. 37 
Jones, W. H., No. 39 
Juglar,.C., No. 75 
Lawton, G. W., No. 25 
Lowell, J. S., Nos, 13, 76 
Lunt, E. C, No. 44 
Mpore, J. S., No. 50 
Norman, H.^ No. 42 
Palm, A. J., No. 66 
Philpott, H. J., No. 52 
Putnam, G. H., No. 67 
Roosevelt, T., No. 49 
Schoenhof, J., Nos. 9, 30, 73 
Sherman, Hon. P., No. 65 
Shriver, E. J., No. 63 
Smith, R. H., No, 26 
Storey, M., No, 58 
Strange, D., No. 72 
Taussig, F. W.', Nos. 47, 74- 
" Tax-Payer," No. 55 
Tyler, L. G., No. 68 
Wells, D. A.", Nos. 3, 54, 64, 71 
Winn, H., No. 46 



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